61981O0010

IN CASE 10/81

C . J . FARRALL

AGAINST

COMMISSION OF THE EUROPEAN COMMUNITIES

ON 19 JANUARY 1981 MR FARRALL , A FORMER OFFICIAL OF THE COMMISSION OF THE EUROPEAN COMMUNITIES , LODGED , WITHOUT BEING REPRESENTED BY A LAWYER , AN APPLICATION CLAIMING THAT THE COURT SHOULD :

1 . ( 1 ) ANNUL THE DEFENDANT ' S IMPLIED DECISION REJECTING THE APPLICANT ' S COMPLAINT UNDER ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS ;

( 2 ) DECLARE THAT THE DEFENDANT HAS INFRINGED ARTICLE 12 OF ANNEX VIII TO THE STAFF REGULATIONS ;

( 3 ) ORDER THE DEFENDANT TO PAY TO THE APPLICANT :

( A ) DEFAULT INTEREST IN RESPECT OF THE DELAY IN PAYMENT OF THE APPLICANT ' S SEVERANCE GRANT , AMOUNTING TO BFR 632 225 , SUCH INTEREST TO BE CALCULATED FROM 1 SEPTEMBER 1979 TO 21 JANUARY 1980 AT A RATE COMMENSURATE WITH THE PREVAILING UNITED KINGDOM BANK RATE DURING THAT PERIOD , OR AT SUCH RATE AS THE COURT SHALL DECIDE ;

( B ) COMPENSATION FOR THE LOSS SUFFERED BY THE APPLICANT THROUGH BEING UNABLE BETWEEN 1 SEPTEMBER 1979 AND 21 JANUARY 1980 TO COMMIT HIMSELF TO THE PURCHASE OF A DWELLING-HOUSE IN THE UNITED KINGDOM , CALCULATED AT BFR 39 450 IN ACCORDANCE WITH A RISE OF 6.24% IN THE UNITED KINGDOM RETAIL PRICE INDEX BETWEEN AUGUST 1979 AND JANUARY 1980 ;

( C ) INTEREST ON THE AMOUNTS AWARDED AT ( A ) AND ( B ) ABOVE CALCULATED FROM 21 JANUARY 1980 TO THE DATE OF THE COURT ' S ORDER ;

( D ) EXEMPLARY DAMAGES OF BFR 1 ;

ALTERNATIVELY , MAKE SUCH OTHER OR FURTHER ORDERS AS SEEM EQUITABLE IN ALL THE CIRCUMSTANCES OF THE CASE ;

2 . ORDER THE DEFENDANT TO PAY THE COSTS .

BY A SEPARATE DOCUMENT LODGED ON THE SAME DATE , MR FARRALL MADE , ALSO WITHOUT BEING REPRESENTED BY A LAWYER , AN APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE AND AN APPLICATION FOR LEGAL AID .

BY A LETTER OF 22 JANUARY 1981 THE REGISTRAR REQUESTED MR FARRALL , IN PURSUANCE OF ARTICLE 38 ( 7 ) OF THE RULES OF PROCEDURE , TO PUT HIS APPLICATIONS IN ORDER BY CAUSING THEM TO BE LODGED BY A LAWYER .

BY A LETTER OF 9 FEBRUARY 1981 MR FARRALL REPLIED THAT IT WAS IMPOSSIBLE FOR HIM TO COMPLY WITH THAT REQUIREMENT .

AS MR FARRALL HAS NOT TAKEN THE OPPORTUNITY TO PUT HIS APPLICATIONS IN ORDER THEY SHOULD BE DECLARED INADMISSIBLE AND REMOVED FROM THE COURT ' S REGISTER .

THE COURT ( SECOND CHAMBER ),

COMPOSED OF : P . PESCATORE , PRESIDENT OF CHAMBER , O . DUE AND A . CHLOROS , JUDGES ,

ADVOCATE GENERAL : G . REISCHL

REGISTRAR : A . VAN HOUTTE

HEREBY ORDERS AS FOLLOWS :

1 . THE MAIN APPLICATION , THE APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE AND THE APPLICATION FOR LEGAL AID ARE INADMISSIBLE .

2 . THE CASE IS REMOVED FROM THE COURT ' S REGISTER .