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

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - MAIN ACTION DECLARED INADMISSIBLE BY REASONED ORDER - INADMISSIBILITY OF THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES
( RULES OF PROCEDURE , ARTS 83 ( 2 ) AND 92 ( 1 ))

IN CASE 123/80 R
B ., AN OFFICIAL OF THE EUROPEAN PARLIAMENT , RESIDING AT KEHLEN , REPRESENTED BY W . H . VERMEER , OF THE AMSTERDAM BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG C/O DR P . STEIN , 2 AVENUE PESCATORE ,
APPLICANT ,
V
EUROPEAN PARLIAMENT , KIRCHBERG , LUXEMBOURG ,
DEFENDANT ,

APPLICATION FOR AN INTERIM ORDER BY THE PRESIDENT OF THE COURT FOR A STAY OF EXECUTION OF THE ' ' EFFECTS ' ' OF A LETTER FROM THE EUROPEAN PARLIAMENT DATED 30 APRIL 1980 NOTIFYING THE APPLICANT OF A DRAFT DECISION WITHIN THE MEANING OF ARTICLE 21 OF THE RULES ON THE INSURANCE OF OFFICIALS OF THE EUROPEAN COMMUNITIES AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE ( STAFF COURIER OF 25 FEBRUARY 1977 ),

1 UNDER ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE AN APPLICATION TO SUSPEND THE OPERATION OF ANY MEASURE ADOPTED BY AN INSTITUTION WHICH IS THE SUBJECT-MATTER OF A MAIN ACTION BEFORE THE COURT IS ADMISSIBLE ONLY IN CIRCUMSTANCES GIVING RISE TO URGENCY AND IF THE FACTUAL AND LEGAL GROUNDS RELIED UPON BY THE APPLICANT ESTABLISH A PRIMA FACIE CASE FOR THE RELIEF REQUESTED .

2 THE MAIN ACTION BROUGHT BY THE APPLICANT AT THE SAME TIME AS THIS APPLICATION HAS BEEN DISMISSED UNDER ARTICLE 92 ( 1 ) OF THE RULES OF PROCEDURE . THEREFORE THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES MUST ALSO BE DISMISSED .

3 BY ARTICLE 70 OF THE RULES OF PROCEDURE , IN ACTIONS BROUGHT BY SERVANTS OF THE COMMUNITIES , THE INSTITUTIONS SHALL BEAR THEIR OWN COSTS , WITHOUT PREJUDICE TO THE SECOND SUBPARAGRAPH OF ARTICLE 69 ( 3 ) OF THOSE RULES . BY THAT LATTER PROVISION THE COURT MAY ORDER A PARTY TO PAY COSTS TO THE OTHER PARTY WHICH THE COURT CONSIDERS THE FIRST PARTY TO HAVE UNREASONABLY OR VEXATIOUSLY CAUSED THE OTHER TO INCUR .

THE COURT FOUND THAT THE ACTION FOR ANNULMENT TO WHICH THIS APPLICATION FOR THE ADOPTION OF INTERIM MEASURES IS ANCILLARY WAS SIMPLY INTENDED TO DELAY MATTERS AND APPLIED THAT PROVISION IN THE MAIN PROCEEDINGS . FOR THE SAME REASONS IT MUST BE APPLIED IN THESE PROCEEDINGS FOR THE ADOPTION OF INTERIM MEASURES .

ON THOSE GROUNDS ,
AS AN INTERLOCUTORY DECISION ,
THE JUDGE ACTING AS PRESIDENT
HEREBY ORDERS AS FOLLOWS :
1 . THE APPLICATION IS DISMISSED .

2 . THE APPLICANT SHALL PAY THE COSTS .