Order of the President of the Court of 13 March 1963.#Claude Lassalle v European Parliament.#Case 15-63 R.

Parties

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IN CASE 15/63 R

CLAUDE LASSALLE, AN OFFICIAL OF THE EUROPEAN PARLIAMENT, REPRESENTED BY C . DURRENBERGER OF THE STRASBOURG BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT 13 RUE DE VIANDEN,

APPLICANT,

V

EUROPEAN PARLIAMENT, 19 RUE BEAUMONT, LUXEMBOURG,

DEFENDANT,

Grounds

WHEREAS THE APPLICATION TO SUSPEND IMPLEMENTATION OF THE NOTICE MUST BE UPHELD;

WHEREAS IF THE NORMAL STEPS WERE TAKEN TO FILL THE VACANCY IN QUESTION RIGHTS AND BENEFITS WOULD BE CONFERRED ON THIRD PARTIES WHICH IT WOULD BE DIFFICULT TO WITHDRAW EVEN IF THE DECISION TAKEN BY THE PARLIAMENT WERE TO BE ANNULLED;

WHEREAS THE CONSEQUENCES OF FILLING THE VACANCY MIGHT THUS BE DETRIMENTAL TO THE APPLICANT;

WHEREAS IT HAS NOT BEEN ALLEGED THAT SUCH AN ORDER TO SUSPEND THE IMPLEMENTATION OF THE NOTICE OF VACANCY MIGHT ADVERSELY AFFECT THE DEPARTMENTS OF THE EUROPEAN PARLIAMENT;

WHEREAS THIS APPLICATION FOR SUSPENSION IS THEREFORE JUSTIFIED;

Endorsements

ON THOSE GROUNDS,

UPON READING THE PLEADINGS;

HAVING REGARD TO ARTICLE 39 OF THE ECSC TREATY, ARTICLE 185 OF THE EEC TREATY, ARTICLE 157 OF THE EAEC TREATY, ARTICLE 33 OF THE STATUTE OF THE COURT OF JUSTICE OF THE ECSC, ARTICLE 36 OF THE STATUTE OF THE COURT OF JUSTICE OF THE EAEC AND ARTICLES 83, 84, 85 AND 86 OF THE RULES OF PROCEDURE OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES;

Operative part

THE PRESIDENT OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES,

HEREBY ORDERS :

1 . THE EUROPEAN PARLIAMENT SHALL SUSPEND, UNTIL JUDGMENT IS GIVEN IN CONNEXION WITH THE ORIGINAL APPLICATION, ANY STEPS TO FILL THE VACANCY OF HEAD OF DIVISION IN QUESTION;

2 . THE COSTS ARE RESERVED .