EuGH · C-91/76

Parties Grounds Decision on costs Operative part Parties IN CASE 91/76 R , JOELLE DE LACROIX , REPRESENTED BY NICOLA CATALANO , ADVOCATE , OF ROME , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ERNEST ARENDT , CENTRE LOUVIGNY , APPLICANT , V COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES , REPRESENTED BY A . VAN HOUTTE , ACTING AS AGENT , DEFENDANT , Grounds 1 UNDER ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE ANY SUSPENSION OF OPERATION IS SUBJECT TO THE EXISTENCE OF CIRCUMSTANCES GIVING RISE TO URGENCY AND OF GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR SUCH A MEASURE . 2 AS TO THE NATURE OF THE MEASURE APPLIED FOR , PROVISIONAL ADMISSION TO THE TESTS IN QUESTION WOULD AMOUNT NOT TO A SUSPENSION OF THE OPERATION OF THE CONTESTED MEASURE BUT TO A COMPLETE REVERSAL , EVEN THOUGH ONLY PROVISIONAL , OF SUCH A NATURE AS TO DENUDE THE MAIN ACTION OF ITS PURPOSE . 3 THEREFORE THE COURT HAS JURISDICTION ONLY TO SUSPEND , IF NECESSARY , THE ENGAGEMENT PROCEDURE IN PROGRESS . 4 SUCH A SUSPENSION WOULD INVOLVE SERIOUS DIFFICULTIES FOR THE DEFENDANT , SINCE THE PROCEDURE , AS SET FORTH IN THE DEFENDANT ' S UNDISPUTED STATEMENT , IS AIMED AT TEMPORARILY FILLING AS SOON AS POSSIBLE THREE VACANT POSTS IN A SECTION WHICH COMPRISES EIGHT POSTS IN ALL . 5 FURTHERMORE ANY SUCH SUSPENSION WOULD ALSO INVOLVE SERIOUS INCONVENIENCE FOR THE OTHER CANDIDATES . 6 IN THESE CIRCUMSTANCES , IT IS NECESSARY , UNDER ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE , TO EXAMINE ' THE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE . . . MEASURES ' APPLIED FOR . 7 TO THE EXTENT TO WHICH THEY WERE SET OUT AT THE HEARING , THE GROUNDS ALLEGED RAISE TWO QUESTIONS , FIRST WHETHER ARTICLE 5 OF ANNEX III TO THE STAFF REGULATIONS OF OFFICIALS APPLIES , IF ONLY BY ANALOGY , TO THE PROCEDURE IN DISPUTE , AND SECONDLY WHETHER THAT PROVISION REQUIRES THAT THE DECISIONS REFERRED TO IN THE FOURTH PARAGRAPH - WHICH THE CONTESTED DECISION MIGHT BE REGARDED AS RESEMBLING - SHOULD BE ACCOMPANIED BY A STATEMENT OF THE REASONS ON WHICH THEY ARE BASED . 8 IN VIEW FIRST OF THE DISADVANTAGES OF A SUSPENSION AND SECONDLY OF THE QUESTIONABLE NATURE OF THE GROUNDS ALLEGED , THERE IS NO CASE FOR SUSPENDING THE PROCEDURE . 9 THEREFORE THE APPLICATION MUST BE DISMISSED . Decision on costs COSTS 10 IN THE CIRCUMSTANCES COSTS SHOULD BE RESERVED . Operative part ON THOSE GROUNDS , THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES BY WAY OF INTERLOCUTORY DECISION , HEREBY ORDERS : 1 . THE APPLICATION IS DISMISSED ; 2 . COSTS ARE RESERVED .