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/C1764R.html
Cite as: [1964] EUECJ C-17/64R

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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.

61964O0017
Order of the President of the Court of 29 May 1964.
Benoît Suss v High Authority of the European Coal and Steel Community.
Case 17/64 R.
European Court reports
French edition 1964 Page 01201
Dutch edition 1964 Page 01263
German edition 1964 Page 01315
Italian edition 1964 Page 01185
English special edition 1964 Page 00617

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IN CASE 17/64
BENOIT SUSS, AN OFFICIAL OF THE HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY, REPRESENTED BY ALEX BONN, ADVOCATE OF THE LUXEMBOURG BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF HIS SAID COUNSEL, 22 COTE-D'EICH . APPLICANT,
V
HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY, REPRESENTED BY ITS LEGAL ADVISER, PIERRE LAMOUREUX, APPOINTED AS AGENT TO THIS INTENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT ITS OFFICES, 2 PLACE DE METZ, DEFENDANT,

APPLICATION FOR SUSPENSION OF THE IMPLEMENTATION OF THE DECISIONS CONTESTED IN THE ORIGINAL CASE, AND OF ANY PROCEDURE SUBSEQUENT TO THE NOTICE OF THE DISPUTED COMPETITION .

WHEREAS THE APPLICANT HAS BASED HIS CLAIM FOR SUSPENSION OF EXECUTION ON THE ARGUMENT THAT, IN APPOINTING A THIRD PARTY TO THE POST IN QUESTION DURING THE PROCEEDINGS RELATING TO HIS APPLICATION AGAINST THE NOTICE OF COMPETITION NUMBERED HA/B/2/AP ( SIC ), THERE IS A RISK OF CREATING A SITUATION WHICH CAN BE RECTIFIED ONLY WITH DIFFICULTY;
WHEREAS THE APPLICANT CLAIMED IN THE ORIGINAL CASE THAT THE COURT SHOULD RULE THAT ANY ANNULMENT SHOULD EMBRACE ANY PROCEDURE SUBSEQUENTLY FOLLOWED BY THE DEFENDANT TO FILL THE VACANT POST IN DISPUTE;
WHEREAS, MOREOVER IT IS STILL OPEN TO THE APPLICANT TO MAKE A FRESH APPLICATION AGAINST THE APPOINTMENT OF ANOTHER PERSON IN THE MEANTIME ON THE BASIS OF THE SAME GROUNDS OF COMPLAINT AS IN THE PRESENT APPLICATION;
WHEREAS, CONSEQUENTLY, THE DECISIONS FORMING THE SUBJECT MATTER OF THE APPLICATION IN THE ORIGINAL CASE DO NOT APPEAR SUCH AS IRREPARABLY, OR EVEN SERIOUSLY TO PREJUDICE THE APPLICANT'S INTERESTS;
WHEREAS, THEREFORE, THE APPLICATION FOR SUSPENSION MUST BE DISMISSED;

1 . THE APPLICATION IS DISMISSED;
2 . THE COSTS ARE RESERVED .

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