Order of the President of the Court of 29 May 1964. – Benoît Suss v High Authority of the European Coal and Steel Community.

Parties

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IN CASE 17/64

BENOIT SUSS, AN OFFICIAL OF THE HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY, REPRESENTED BY ALEX BONN, ADVOCATE OF THE LUXEMBOURG BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF HIS SAID COUNSEL, 22 COTE-D'EICH . APPLICANT,

V

HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY, REPRESENTED BY ITS LEGAL ADVISER, PIERRE LAMOUREUX, APPOINTED AS AGENT TO THIS INTENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT ITS OFFICES, 2 PLACE DE METZ, DEFENDANT,

Subject of the case

APPLICATION FOR SUSPENSION OF THE IMPLEMENTATION OF THE DECISIONS CONTESTED IN THE ORIGINAL CASE, AND OF ANY PROCEDURE SUBSEQUENT TO THE NOTICE OF THE DISPUTED COMPETITION .

Grounds

WHEREAS THE APPLICANT HAS BASED HIS CLAIM FOR SUSPENSION OF EXECUTION ON THE ARGUMENT THAT, IN APPOINTING A THIRD PARTY TO THE POST IN QUESTION DURING THE PROCEEDINGS RELATING TO HIS APPLICATION AGAINST THE NOTICE OF COMPETITION NUMBERED HA/B/2/AP ( SIC ), THERE IS A RISK OF CREATING A SITUATION WHICH CAN BE RECTIFIED ONLY WITH DIFFICULTY;

WHEREAS THE APPLICANT CLAIMED IN THE ORIGINAL CASE THAT THE COURT SHOULD RULE THAT ANY ANNULMENT SHOULD EMBRACE ANY PROCEDURE SUBSEQUENTLY FOLLOWED BY THE DEFENDANT TO FILL THE VACANT POST IN DISPUTE;

WHEREAS, MOREOVER IT IS STILL OPEN TO THE APPLICANT TO MAKE A FRESH APPLICATION AGAINST THE APPOINTMENT OF ANOTHER PERSON IN THE MEANTIME ON THE BASIS OF THE SAME GROUNDS OF COMPLAINT AS IN THE PRESENT APPLICATION;

WHEREAS, CONSEQUENTLY, THE DECISIONS FORMING THE SUBJECT MATTER OF THE APPLICATION IN THE ORIGINAL CASE DO NOT APPEAR SUCH AS IRREPARABLY, OR EVEN SERIOUSLY TO PREJUDICE THE APPLICANT'S INTERESTS;

WHEREAS, THEREFORE, THE APPLICATION FOR SUSPENSION MUST BE DISMISSED;

Endorsements

ON THOSE GROUNDS

UPON READING THE PLEADINGS;

UPON HEARING THE PARTIES;

HAVING REGARD TO ARTICLE 39 OF THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY AND ARTICLE 33 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN COAL AND STEEL COMMUNITY;

HAVING REGARD TO ARTICLES 83, 84, 85 AND 86 OF THE RULES OF PROCEDURE OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES;

ORDERS :

Operative part

1 . THE APPLICATION IS DISMISSED;

2 . THE COSTS ARE RESERVED .