Parties
Grounds
Operative part
Parties
IN CASE 114/77
CLAUDE JACQUEMART
V
COUNCIL OF THE EUROPEAN COMMUNITIES AND
COMMISSION OF THE EUROPEAN COMMUNITIES
Grounds
BY AN APPLICATION OF 22 SEPTEMBER 1977 LODGED AT THE COURT REGISTRY ON THE SAME DATE , THE APPLICANT , IN ACCORDANCE WITH ARTICLE 91 OF THE STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES , COMMENCED PROCEEDINGS FOR THE ANNULMENT OF A DECISION OF THE COMMISSION OF 12 JULY 1977 AND OF COUNCIL REGULATION ( ECSC , EEC , EURATOM ) NO 3177/76 OF 21 DECEMBER 1976 .
THE COUNCIL CONTENDS THAT , AS FAR AS IT IS CONCERNED , THE APPLICATION SHOULD BE DECLARED INADMISSIBLE WITHOUT ANY CONSIDERATION OF THE SUBSTANCE OF THE CASE .
THE FACT THAT THE APPLICANT FIRST OF ALL BY A PERSONAL COMMUNICATION ADDRESSED TO THE COUNCIL AND SUBSEQUENTLY IN HIS APPLICATION DIRECTED AGAINST THE COMMISSION ' S DECISION RELATING TO THE CALCULATION OF HIS SEVERANCE GRANT CALLED IN QUESTION THE VALIDITY OF CERTAIN OF THE PROVISIONS OF COUNCIL REGULATION NO 3177/76 DOES NOT CONFER UPON THE COUNCIL THE ATTRIBUTES OF AN APPOINTING AUTHORITY WITHIN THE MEANING OF ARTICLE 91 ( 2 ) OF THE SAID STAFF REGULATIONS .
ON THE OTHER HAND , SINCE REGULATION NO 3177/76 IS NEITHER A DECISION ADDRESSED TO THE APPLICANT NOR A DECISION WHICH , ALTHOUGH IN THE FORM OF A REGULATION , IS OF DIRECT AND INDIVIDUAL CONCERN TO HIM , THE APPLICATION IS ALSO INADMISSIBLE IN SO FAR AS IT IS BASED ON ARTICLE 173 OF THE TREATY .
FINALLY , AND IN ANY EVENT , EVEN IF THE LETTER SENT BY THE APPLICANT TO THE PRESIDENT OF THE COUNCIL ON 25 FEBRUARY 1977 IN ORDER TO HAVE REGULATION ( EEC ) NO 3177/76 AMENDED OR TO HAVE ARTICLE 12 OF ANNEX VIII TO THE STAFF REGULATIONS INTERPRETED BY THE COMMISSION TO HIS SATISFACTION COULD BE REGARDED AS A COMPLAINT WITHIN THE MEANING OF ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS , THE ACTION DIRECTED AGAINST THE REASONED REPLY OF THE COUNCIL OF 15 MARCH 1977 IS INADMISSIBLE BECAUSE IT IS OUT OF TIME UNDER ARTICLE 91 ( 2 ) OF THE STAFF REGULATIONS .
Operative part
ON THOSE GROUNDS ,
HAVING REGARD TO ARTICLES 69 , 70 AND 91 OF THE RULES OF PROCEDURE OF THE COURT OF JUSTICE ,
UPON HEARING THE OPINION OF THE ADVOCATE GENERAL ,
THE COURT ( FIRST CHAMBER )
HEREBY ORDERS AS FOLLOWS :