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/1964/C1264R.html
Cite as: [1964] EUECJ C-12/64R

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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.

61964O0012
Order of the President of the Court of 4 May 1964.
Ernest Ley v Commission of the EEC.
Case 12-64 R.
European Court reports
French edition 1965 Page 00175
Dutch edition 1965 Page 00176
German edition 1965 Page 00182
Italian edition 1965 Page 00169
English special edition 1965 Page 00132

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IN CASE 12/64 R
ERNEST LEY, AN OFFICIAL OF THE COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY, REPRESENTED AND ASSISTED BY MARCEL SLUSNY, ADVOCATE OF THE COUR D' APPEL, BRUSSELS, LECTURER AT THE UNIVERSITY OF BRUSSELS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG C/O MRS LEY-HEINEN, 27 AVENUE DE LA GARE,
APPLICANT,
V
COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY, REPRESENTED BY ITS LEGAL ADVISER, LOUIS DE LA FONTAINE, 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 FOR SUSPENSION OF RECRUITMENT FOR THE POST REFERRED TO IN VACANCY NOTICE NO 403 BY THE COMMISSION OF THE EEC,

WHEREAS THE APPLICANT HAS NOT PUT FORWARD ANY ARGUMENT CAPABLE OF PROVING THAT IF THE PROCEDURE IS NOT SUSPENDED IT IS LIKELY TO CAUSE HIM IRREPARABLE INJURY;
WHEREAS THE APPLICANT HAS ALLEGED THAT IF RECRUITMENT IS AFFECTED DURING HIS MAIN APPLICATION IT MIGHT PREJUDICE THE PERSON APPOINTED SHOULD THAT APPLICATION BE DECLARED TO BE WELL-FOUNDED;
WHEREAS THE RIGHT TO REQUEST THE SUSPENSION OF OPERATION OF A CONTESTED MEASURE IS GRANTED TO AN APPLICANT IN ORDER TO PROTECT HIS OWN INTERESTS;
WHEREAS, HOWEVER, THE DEFENDANT INSTITUTION, IN DECIDING WHETHER OR NOT TO OPPOSE THE GRANT OF THE SUSPENSION REQUESTED, IS IN A POSITION TO TAKE INTO CONSIDERATION THE HARM WHICH IMMEDIATE IMPLEMENTATION MIGHT CAUSE TO THE INTERESTS OF THIRD PARTIES;
WHEREAS IN THIS CASE THE DEFENDANT HAS OPPOSED THE GRANT OF A SUSPENSION;
WHEREAS IN THE CIRCUMSTANCES THERE ARE NO GROUNDS FOR ORDERING THE SUSPENSION SOUGHT .

WHEREAS IN THE PRESENT CASE THERE ARE NO GROUNDS FOR RESERVING THE DECISION ON COSTS UNTIL THE DECISION IN THE ORIGINAL CASE;
WHEREAS, SINCE HIS APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE IS DISMISSED, THE APPLICANT MUST BEAR HIS OWN COSTS,

THE PRESIDENT OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES
HEREBY ORDERS :
1 . THE REQUEST IS DISMISSED;
2 . THE PARTIES MUST BEAR THEIR OWN COSTS .

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