61964O0012

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IN CASE 12/64 R

ERNEST LEY, AN OFFICIAL OF THE COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY, REPRESENTED AND ASSISTED BY MARCEL SLUSNY, ADVOCATE OF THE COUR D' APPEL, BRUSSELS, LECTURER AT THE UNIVERSITY OF BRUSSELS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG C/O MRS LEY-HEINEN, 27 AVENUE DE LA GARE,

APPLICANT,

V

COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY, REPRESENTED BY ITS LEGAL ADVISER, LOUIS DE LA FONTAINE, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICES OF HENRI MANZANARES, SECRETARY OF THE LEGAL DEPARTMENT OF THE EUROPEAN EXECUTIVES, 2 PLACE DE METZ,

DEFENDANT,

APPLICATION FOR SUSPENSION OF RECRUITMENT FOR THE POST REFERRED TO IN VACANCY NOTICE NO 403 BY THE COMMISSION OF THE EEC,

WHEREAS THE APPLICANT HAS NOT PUT FORWARD ANY ARGUMENT CAPABLE OF PROVING THAT IF THE PROCEDURE IS NOT SUSPENDED IT IS LIKELY TO CAUSE HIM IRREPARABLE INJURY;

WHEREAS THE APPLICANT HAS ALLEGED THAT IF RECRUITMENT IS AFFECTED DURING HIS MAIN APPLICATION IT MIGHT PREJUDICE THE PERSON APPOINTED SHOULD THAT APPLICATION BE DECLARED TO BE WELL-FOUNDED;

WHEREAS THE RIGHT TO REQUEST THE SUSPENSION OF OPERATION OF A CONTESTED MEASURE IS GRANTED TO AN APPLICANT IN ORDER TO PROTECT HIS OWN INTERESTS;

WHEREAS, HOWEVER, THE DEFENDANT INSTITUTION, IN DECIDING WHETHER OR NOT TO OPPOSE THE GRANT OF THE SUSPENSION REQUESTED, IS IN A POSITION TO TAKE INTO CONSIDERATION THE HARM WHICH IMMEDIATE IMPLEMENTATION MIGHT CAUSE TO THE INTERESTS OF THIRD PARTIES;

WHEREAS IN THIS CASE THE DEFENDANT HAS OPPOSED THE GRANT OF A SUSPENSION;

WHEREAS IN THE CIRCUMSTANCES THERE ARE NO GROUNDS FOR ORDERING THE SUSPENSION SOUGHT .

WHEREAS IN THE PRESENT CASE THERE ARE NO GROUNDS FOR RESERVING THE DECISION ON COSTS UNTIL THE DECISION IN THE ORIGINAL CASE;

WHEREAS, SINCE HIS APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE IS DISMISSED, THE APPLICANT MUST BEAR HIS OWN COSTS,

THE PRESIDENT OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES

HEREBY ORDERS :

1 . THE REQUEST IS DISMISSED;

2 . THE PARTIES MUST BEAR THEIR OWN COSTS .