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/1981/C219228.html
Cite as: [1981] EUECJ C-219/228

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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.

61980O0219
Order of the Court (First Chamber) of 8 July 1981.
Maurice André and others v Council and Commission of the European Communities.
Joined cases 219-228, 230-235, 237, 238 and 240-242/80.
European Court reports 1981 Page 01879

JOINED CASES 219 TO 228 , 230 TO 235 , 237 , 238 AND 240 TO 242/80
MAURICE ANDRE AND OTHERS
V
COUNCIL OF THE EUROPEAN COMMUNITIES
AND
COMMISSION OF THE EUROPEAN COMMUNITIES

ACCORDING TO THE PROVISIONS OF ARTICLE 91 ( 3 ) OF THE RULES OF PROCEDURE THE REMAINDER OF THE PROCEEDINGS ON THE OBJECTION RAISED , AFTER THE OPPOSITE PARTY HAS PUT FORWARD HIS SUBMISSIONS AND THE GROUNDS FOR THEM , IS TO BE ORAL UNLESS THE COURT DECIDES OTHERWISE . THE COURT TAKES THE VIEW THAT IN THIS CASE IT HAS SUFFICIENT INFORMATION AND THAT THERE IS NO NEED TO OPEN THE ORAL PROCEDURE .

THE APPLICATIONS ARE OBVIOUSLY INADMISSIBLE IN SO FAR AS THEY ARE DIRECTED AGAINST THE COUNCIL .

ACCORDING TO ARTICLE 91 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS ACTIONS BROUGHT BY OFFICIALS UNDER ARTICLE 179 OF THE EEC TREATY MUST BE DIRECTED AGAINST THE APPOINTING AUTHORITY . TO THE EXTENT TO WHICH THEY ARE DIRECTED AGAINST THE COUNCIL , THESE ACTIONS DO NOT SATISFY THAT CONDITION .

FURTHERMORE , AS REGULATIONS NOS 160/80 AND 161/80 ARE NEITHER DECISIONS ADDRESSED TO THE APPLICANTS NOR DECISIONS WHICH , ALTHOUGH IN THE FORM OF REGULATIONS , ARE OF DIRECT AND INDIVIDUAL CONCERN TO THEM , THE APPLICATIONS ARE EQUALLY INADMISSIBLE IN SO FAR AS THEY ARE BASED ON ARTICLE 173 OF THE EEC TREATY .

ON THOSE GROUNDS ,
HAVING REGARD TO ARTICLES 69 , 70 AND 91 OF THE RULES OF PROCEDURE AND TO THE VIEWS OF THE ADVOCATE GENERAL ,
THE COURT ( FIRST CHAMBER )
COMPOSED OF : T . KOOPMANS , PRESIDENT OF CHAMBER , A . O ' KEEFFE AND G . BOSCO , JUDGES ,
ADVOCATE GENERAL : S . ROZES
REGISTRAR : A . VAN HOUTTE
HEREBY ORDERS AS FOLLOWS :
1 . THE APPLICATIONS ARE DISMISSED AS INADMISSIBLE IN SO FAR AS THEY ARE DIRECTED AGAINST THE COUNCIL .

2 . THE COUNCIL SHALL BEAR ITS OWN COSTS ; THE COSTS INCURRED BY THE APPLICANTS ARE RESERVED .

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