61982O0346 Order of the President of the First Chamber of the Court of 7 February 1983. Pierre Favre v Commission of the European Communities. Interim measures - Temporary employee - Dismissal. Case 346/82 R. European Court reports 1983 Page 00199
APPLICATION FOR THE ADOPTION OF INTERIM MEASURE - SUSPENSION OF OPERATION - CONDITIONS FOR THE GRANT ( RULES OF PROCEDURE , ART . 83 ( 2 ))
IN CASE 346/82 R PIERRE FAVRE , A FORMER TEMPORARY EMPLOYEE OF THE COMMISSION OF THE EUROPEAN COMMUNITIES , RESIDING AT 3 RUE MAURICE BARRES , HETTANGE-GRANDE , FRANCE , ASSISTED AND REPRESENTED BY VICTOR BIEL OF THE LUXEMBOURG BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF MR BIEL , 18A RUE DES GLACIS , APPLICANT , V COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY JOHN FORMAN , A MEMBER OF ITS LEGAL DEPARTMENT , ACTING AS AGENT , ASSISTED BY DANIEL JACOB OF THE BRUSSELS BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ORESTE MONTALTO , A MEMBER OF THE COMMISSION ' S LEGAL DEPARTMENT , JEAN MONNET BUILDING , KIRCHBERG , DEFENDANT , APPLICATION TO SUSPEND THE APPLICANT ' S DISMISSAL PENDING A DECISION ON THE SUBSTANCE OF THE CASE , THE APPLICANT HAS NOT DEMONSTRATED HOW THE DECISION TO DISMISS HIM MIGHT CAUSE HIM IRREPARABLE HARM AND HAS NOT ADDUCED FACTS PROVIDING PRIMA FACIE EVIDENCE THAT HIS APPLICATION IS WELL FOUNDED . SINCE THERE IS NO REASON TO SUPPOSE THAT THE MAIN APPLICATION STANDS A GOOD CHANCE OF SUCCESS , THE APPLICATION FOR SUSPENSION OF THE DECISION TO DISMISS THE APPLICANT UNTIL THE COURT HAS ARRIVED AT A DECISION ON THE SUBSTANCE OF THE CASE CANNOT BE GRANTED . ON THOSE GROUNDS , THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT , BY WAY OF INTERIM DECISION , HEREBY ORDERS AS FOLLOWS : 1 . THE APPLICATION TO SUSPEND THE DECISION TO DISMISS THE APPLICANT UNTIL JUDGMENT IS GIVEN ON THE SUBSTANCE OF THE CASE IS DISMISSED . 2 . COSTS ARE RESERVED .
APPLICATION TO SUSPEND THE APPLICANT ' S DISMISSAL PENDING A DECISION ON THE SUBSTANCE OF THE CASE , THE APPLICANT HAS NOT DEMONSTRATED HOW THE DECISION TO DISMISS HIM MIGHT CAUSE HIM IRREPARABLE HARM AND HAS NOT ADDUCED FACTS PROVIDING PRIMA FACIE EVIDENCE THAT HIS APPLICATION IS WELL FOUNDED . SINCE THERE IS NO REASON TO SUPPOSE THAT THE MAIN APPLICATION STANDS A GOOD CHANCE OF SUCCESS , THE APPLICATION FOR SUSPENSION OF THE DECISION TO DISMISS THE APPLICANT UNTIL THE COURT HAS ARRIVED AT A DECISION ON THE SUBSTANCE OF THE CASE CANNOT BE GRANTED . ON THOSE GROUNDS , THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT , BY WAY OF INTERIM DECISION , HEREBY ORDERS AS FOLLOWS : 1 . THE APPLICATION TO SUSPEND THE DECISION TO DISMISS THE APPLICANT UNTIL JUDGMENT IS GIVEN ON THE SUBSTANCE OF THE CASE IS DISMISSED . 2 . COSTS ARE RESERVED .
THE APPLICANT HAS NOT DEMONSTRATED HOW THE DECISION TO DISMISS HIM MIGHT CAUSE HIM IRREPARABLE HARM AND HAS NOT ADDUCED FACTS PROVIDING PRIMA FACIE EVIDENCE THAT HIS APPLICATION IS WELL FOUNDED . SINCE THERE IS NO REASON TO SUPPOSE THAT THE MAIN APPLICATION STANDS A GOOD CHANCE OF SUCCESS , THE APPLICATION FOR SUSPENSION OF THE DECISION TO DISMISS THE APPLICANT UNTIL THE COURT HAS ARRIVED AT A DECISION ON THE SUBSTANCE OF THE CASE CANNOT BE GRANTED . ON THOSE GROUNDS , THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT , BY WAY OF INTERIM DECISION , HEREBY ORDERS AS FOLLOWS : 1 . THE APPLICATION TO SUSPEND THE DECISION TO DISMISS THE APPLICANT UNTIL JUDGMENT IS GIVEN ON THE SUBSTANCE OF THE CASE IS DISMISSED . 2 . COSTS ARE RESERVED .
ON THOSE GROUNDS , THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT , BY WAY OF INTERIM DECISION , HEREBY ORDERS AS FOLLOWS : 1 . THE APPLICATION TO SUSPEND THE DECISION TO DISMISS THE APPLICANT UNTIL JUDGMENT IS GIVEN ON THE SUBSTANCE OF THE CASE IS DISMISSED . 2 . COSTS ARE RESERVED .