Court of Justice of the European Communities (including Court of First Instance Decisions)

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URL: http://www.bailii.org/eu/cases/EUECJ/1963/C6863R.html
Cite as: [1963] EUECJ C-68/63R

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IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities. The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice. This electronic version is not authentic and is subject to amendment.

61963O0068
Order of the President of the Court of 17 July 1963.
Hartmut Luhleich v Commission of the EAEC.
Case 68-63 R.
European Court reports
French edition 1965 Page 00768
Dutch edition 1965 Page 00799
German edition 1965 Page 00822
Italian edition 1965 Page 00705
English special edition 1965 Page 00618

++++
IN CASE 68/63R
HARTMUT LUHLEICH, HEAD OF GROUP IN THE CHEMISTRY DEPARTMENT OF THE JOINT NUCLEAR RESEARCH CENTRE AT ISPRA ( ITALY ), REPRESENTED BY ERNEST ARENDT, ADVOCATE OF THE COUR SUPERIEURE DE JUSTICE OF THE GRAND DUCHY OF LUXEMBOURG WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF MR ARENDT, 6 RUE WILLY-GOERGEN,
APPLICANT,
V
COMMISSION OF THE EUROPEAN ATOMIC ENERGY COMMUNITY, REPRESENTED BY ITS LEGAL ADVISER, JAN GIJSSELS, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICES OF HENRI MANZANARES, SECRETARY OF THE LEGAL DEPARTMENT OF THE EUROPEAN EXECUTIVES, 2 PLACE DE METZ,
DEFENDANT,

APPLICATION TO SUSPEND THE OPERATION OF THE MEASURES CONTESTED IN THE ORIGINAL CASE AND FOR THE ADOPTION OF CERTAIN INTERIM MEASURES .

WHEREAS IT IS CLEAR FROM THE WORDING OF THE APPLICATION AND THE PROCEEDINGS AT THE HEARING THAT THE PURPOSE OF THE APPLICATION FOR THE SUSPENSION OF THE OPERATION OF THE DECISION REFUSING TO INTEGRATE THE APPLICANT UNDER THE STAFF REGULATIONS OF THE DEFENDANT IS, IN FACT, FOR THE SUSPENSION OF THE TERMINATION OF THE APPLICANT'S CONTRACT OF EMPLOYMENT PROVIDED FOR IN ARTICLE 102(2 ) OF THE STAFF REGULATIONS OF THE EAEC .
WHEREAS THE CONTRACT OF EMPLOYMENT IN QUESTION PROVIDES FOR A PERIOD OF ONE MONTH'S NOTICE ON TERMINATION AND WHEREAS THIS PERIOD APPEARS TO HAVE BEEN OBSERVED IN THIS CASE;
WHEREAS, HOWEVER, THE APPLICANT MAINTAINS THAT HIS FINANCIAL SITUATION IS SUCH THAT HE CANNOT PROVIDE FOR HIS NEEDS PENDING JUDGMENT IN THE ORIGINAL CASE;
WHEREAS AN ALLOWANCE FOR NECESSITIES CANNOT BE GRANTED BY MEANS OF AN INTERIM MEASURE UNLESS AT FIRST SIGHT THE ORIGINAL CASE APPEARS MANIFESTLY WELL FOUNDED;
WHEREAS THE FACTS OF THE CASE SHOW THAT AT THE PRESENT STAGE OF THE ACTION IT IS IMPOSSIBLE TO FORM AN OPINION ON WHETHER THE ORIGINAL CASE IS WELL FOUNDED;
WHEREAS, SINCE THE FAMILY CIRCUMSTANCES REFERRED TO BY THE APPLICANT CANNOT LEAD TO ANY OTHER CONCLUSION, THE COMMISSION HAS RIGHTLY DECIDED TO APPLY TO HIM THE PROVISIONS OF THE SICKENSS AND INVALIDITY SCHEME AT PRESENT BEING DRAFTED;
WHEREAS, FOR THIS REASON, IT IS UNNECESSARY TO GRANT THE APPLICATION FOR THE SUSPENSION OF THE OPERATION OF THE DECISION;
WHEREAS THE APPLICANT REQUESTS THAT VARIOUS INTERIM MEASURES SET OUT IN DETAIL IN HIS APPLICATION BE ADOPTED IN HIS FAVOUR;
WHEREAS THE CLAIM UNDER II(A ) OF THIS APPLICATION WAS WITHDRAWN BY THE APPLICANT DURING THE ORAL PART OF THE PROCEEDINGS;
WHEREAS, ONCE THE APPLICATION FOR THE SUSPENSION OF THE OPERATION OF THE DECISION HAS BEEN DISMISSED, THERE ARE NO GROUNDS FOR ORDERING THAT THE APPLICANT BE ALLOWED TO CONTINUE WITH HIS RESEARCH WORK PENDING JUDGMENT IN THE ORIGINAL CASE;
WHEREAS FOR THE ABOVE REASONS THE CLAIM UNDER II(C ) CANNOT BE ADMITTED DURING CONSIDERATION OF THE APPLICATION FOR SUSPENSION;

THE PRESIDENT OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES
HEREBY ORDERS :
1 . THE APPLICATION IS DISMISSED;
2 . THE COSTS ARE RESERVED .

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