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/1980/C3380R.html
Cite as: [1980] EUECJ C-33/80R

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61980O0033
Order of the President of the First Chamber of the Court of 22 May 1980.
Renato Albini v Council and Commission of the European Communities.
Case 33/80 R.
European Court reports 1980 Page 01671

IN CASE 33/80 R
RENATO ALBINI , A FORMER OFFICIAL OF THE COMMISSION OF THE EUROPEAN COMMUNITIES AND NINE OTHER FORMER OFFICIALS OF THE COMMISSION , REPRESENTED AND ASSISTED BY RAIMONDO MARINI-CLARELLI , OF THE ROME BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF VICTOR BIEL , ADVOCATE , 18 A RUE DES GLACIS ,
APPLICANTS ,
V
COUNCIL OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER , JOHN CARBERY , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF DOUGLAS FONTEIN , DIRECTOR OF THE LEGAL DEPARTMENT OF THE EUROPEAN INVESTMENT BANK , 2 PLACE DE METZ ,
COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER , JOSEPH GRIESMAR , AND BY ORESTE MONTALTO , A MEMBER OF THE LEGAL DEPARTMENT , ACTING AS AGENTS , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ITS LEGAL ADVISER , MARIO CERVINO , JEAN MONNET BUILDING , KIRCHBERG ,
DEFENDANTS ,

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES ORDERING THE DEFENDANTS TO DESIST FORTHWITH FROM APPLYING IN THE CASE OF THE APPLICANTS COUNCIL REGULATIONS NOS 3085/78 AND 3086/78 OF 21 DECEMBER 1978 ( OFFICIAL JOURNAL L 369 OF 29 DECEMBER 1978 , PP . 6 AND 8 ) AMENDING THE STAFF REGULATIONS OF OFFICIALS WITH PARTICULAR REFERENCE TO THE MONETARY PARITIES TO BE USED IN THE PAYMENT IN PARTICULAR OF REMUNERATION AND PENSIONS RESPECTIVELY , AND CONSEQUENTLY ADJUSTING THE WEIGHTINGS APPLICABLE TO SUCH MONETARY ENTITLEMENTS ,

1 THE APPLICANTS ASK THE COURT TO ORDER THAT THE APPLICATION OF COUNCIL REGULATIONS NOS 3085/78 AND 3086/78 OF 21 DECEMBER 1978 ( OFFICIAL JOURNAL L 369 OF 29 DECEMBER 1978 , PP . 6 AND 8 ) BE SUSPENDED IN REGARD TO THEM .

2 THESE REGULATIONS , WHICH ADJUST THE MONETARY PARITIES TO BE USED IN THE CALCULATION OF REMUNERATION AND PENSIONS OF OFFICIALS AS WELL AS THE WEIGHTINGS APPLIED TO THEM , IS CLAIMED TO CAUSE A REDUCTION OF MORE THAN 50% IN THE AMOUNTS PAID TO THE APPLICANTS AS PENSIONS , THUS CAUSING THEM SERIOUS FINANCIAL DAMAGE .

3 ARTICLE 83 OF THE RULES OF PROCEDURE OF THE COURT PROVIDES THAT :
- ' ' AN APPLICATION TO SUSPEND THE OPERATION OF ANY MEASURE ADOPTED BY AN INSTITUTION . . . SHALL BE ADMISSIBLE ONLY IF THE APPLICANT IS CHALLENGING THAT MEASURE IN PROCEEDINGS BEFORE THE COURT . ' ' THAT CONDITION IS FULFILLED IN THE CASE OF THE APPLICANTS .

- AN APPLICATION OF THIS KIND IS REQUIRED TO ' ' STATE THE SUBJECT-MATTER OF THE DISPUTE , THE CIRCUMSTANCES GIVING RISE TO URGENCY AND THE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE INTERIM MEASURES APPLIED FOR ' ' .

4 IN NUMEROUS PREVIOUS CASES THE COURT HAS HELD THAT AN APPLICANT SEEKING THE ADOPTION OF INTERIM MEASURES MUST BE IN SUCH A POSITION AS TO BE LIKELY TO SUFFER IRREPARABLE DAMAGE .

5 THE APPLICATION BY THE APPLICANTS DOES NOT SHOW THAT THEY ARE SUFFERING DAMAGE WHICH CANNOT BE MADE GOOD BY THE DEFINITIVE JUDGMENT . IF THE APPLICANTS SUCCEED THEY WILL BE ENTITLED TO THE DIFFERENCE BETWEEN THE NET AMOUNTS RESULTING FROM THE APPLICATION OF REGULATIONS NOS 3085/78 AND 3086/78 AND THE PENSIONS PAYABLE BEFORE THOSE REGULATIONS CAME INTO FORCE .

6 IF , ON THE OTHER HAND , THE APPLICANTS ARE NOT SUCCESSFUL AND A SUSPENSION OF THE OPERATION OF REGULATIONS NOS 3085/78 AND 3086/78 HAS IN THE MEANTIME BEEN ORDERED , THE COMMISSION WOULD BE EMPOWERED UNDER ARTICLE 85 OF THE STAFF REGULATIONS OF OFFICIALS TO RECOVER THE SUMS OVERPAID . THIS SITUATION MIGHT ALSO ENTAIL FINANCIAL DIFFICULTIES FOR THE APPLICANTS .

7 CONSEQUENTLY THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES MUST BE DISMISSED .

8 IT IS APPROPRIATE , AT THIS STAGE , TO RESERVE COSTS .

ON THOSE GROUNDS ,
THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT ,
AS AN INTERLOCUTORY DECISION ,
HEREBY ORDERS AS FOLLOWS :
1 . THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES IS DISMISSED .

2 . THE COSTS ARE RESERVED .

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