61979O0051

IN CASE 51/79 R ,

ROBERT BUTTNER , MICHEL COLIN AND GIANMARIO FASSONE , OFFICIALS OF THE COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY VICTOR BIEL , OF THE LUXEMBOURG BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE LATTER ' S CHAMBERS , 18A RUE DES GLACIS ,

APPLICANTS ,

V

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS PRINCIPAL LEGAL ADVISER , RAYMOND BAEYENS , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ITS LEGAL ADVISER MARIO CERVINO , JEAN MONNET BUILDING ,

DEFENDANT ,

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES TO PREVENT THE DISSEMINATION AND USE BY THE COMMISSION OF THE REPORT OF A STUDY CARRIED OUT AT ITS REQUEST BY P . A . INTERNATIONAL CONSULTANTS LTD . ( PACTEL ) AND TO PROHIBIT ANY RESTRUCTURING OF THE COMPUTER OPERATION DIVISION IN LUXEMBOURG IN SO FAR AS IT IS BASED ON THAT REPORT ,

1UNDER ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE OF THE COURT , THE ADOPTION OF INTERIM MEASURES BY MEANS OF AN INTERLOCUTORY ORDER IS SUBJECT TO THE EXISTENCE OF CIRCUMSTANCES GIVING RISE TO URGENCY AND TO FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE INTERIM MEASURES APPLIED FOR .

2IN SUPPORT OF THEIR APPLICATION THE APPLICANTS POINT OUT SOLELY , IN GENERAL TERMS , THAT THE DISSEMINATION OF THE DISPUTED REPORT AND ITS POSSIBLE IMPLEMENTATION ARE CALCULATED TO PREJUDICE THEM AS REGARDS THE FUTURE PROGRESS OF THEIR CAREERS .

3THE REPORT , WHOSE CONFORMITY WITH THE STAFF REGULATIONS AND OTHER LEGAL PRINCIPLES IS CALLED IN QUESTION IN THE MAIN PROCEEDINGS , IS AN INTERNAL DOCUMENT DRAWN UP BY A PRIVATE COMPANY FOR THE INFORMATION OF THE COMMISSION ; ITS CONTENTS AND CONCLUSIONS ARE STILL UNDER CONSIDERATION AND IT CANNOT IN ANY RESPECT BIND THE FUTURE BEHAVIOUR OF THE COMMISSION EITHER AS REGARDS THE SITUATION OF THE APPLICANTS UNDER THE STAFF REGULATIONS OR AS REGARDS THE ORGANIZATION OR REORGANIZATION OF THE DEPARTMENTS TO WHICH THEY BELONG .

4IN THESE CIRCUMSTANCES THE CONSIDERATION AND DISSEMINATION BY THE COMMISSION , IN ADVANCE OF A DECISION IN THE MAIN PROCEEDINGS IS IN NO RESPECT CALCULATED TO CAUSE THE APPLICANTS SERIOUS OR , A FORTIORI , IRREPARABLE DAMAGE , SO THAT THE MEASURE APPLIED FOR APPEARS TO BE NEITHER URGENT NOR JUSTIFIED .

5THE APPLICATION MUST THEREFORE BE DISMISSED .

COSTS

6IN THE CIRCUMSTANCES COSTS SHOULD BE RESERVED .

ON THOSE GROUNDS ,

THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT , ACTING AS PRESIDENT OF THE COURT ,

AS AN INTERLOCUTORY DECISION ,

HEREBY ORDERS AS FOLLOWS :

1 . THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES IS DISMISSED .

2 . COSTS ARE RESERVED .