Charles Lux v Court of Auditors of the European Communities.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Bahlmann
• ECLI: ECLI:EU:C:1984:225
• Docket Number: 69/83
• Date: 21 June 1984
• Celex Number: 61983CJ0069
• Procedure Type: Recours de fonctionnaires - non fondé

Avis juridique important

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61983J0069

Judgment of the Court (Second Chamber) of 21 June 1984. - Charles Lux v Court of Auditors of the European Communities. - Official - New posting - Interests of the service - Misuse of powers. - Case 69/83.

European Court reports 1984 Page 02447

Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part

Keywords

1 . OFFICIALS - ORGANIZATION OF DEPARTMENTS - ASSIGNMENT OF STAFF - DISCRETION VESTED IN THE ADMINISTRATION - LIMITS - INTERESTS OF THE SERVICE - COMPLIANCE WITH THE PRINCIPLE OF ASSIGNMENT TO AN EQUIVALENT POST

2 . OFFICIALS - ACTION - SUBMISSIONS - MISUSE OF POWERS - CONCEPT

3 . OFFICIALS - DECISION ADVERSELY AFFECTING AN OFFICIAL - DUTY TO STATE THE REASONS ON WHICH THE DECISION IS BASED - PURPOSE - SCOPE

( STAFF REGULATIONS OF OFFICIALS , ART . 25 )

Summary

1 . THE COMMUNITY INSTITUTIONS HAVE A BROAD DISCRETION TO ORGANIZE THEIR DEPARTMENTS TO SUIT THE TASKS ENTRUSTED TO THEM AND TO ASSIGN THE STAFF AVAILABLE TO THEM IN THE LIGHT OF SUCH TASKS , ON CONDITION HOWEVER THAT THE STAFF IS ASSIGNED IN THE INTERESTS OF THE SERVICE AND IN CONFORMITY WITH THE PRINCIPLE OF ASSIGNMENT TO AN EQUIVALENT POST .

2.A DECISION MAY AMOUNT TO A MISUSE OF POWERS ONLY IF IT APPEARS , ON THE BASIS OF OBJECTIVE , RELEVANT AND CONSISTENT EVIDENCE , TO HAVE BEEN TAKEN FOR PURPOSES OTHER THAN THOSE STATED .

3.SINCE THE PURPOSE OF THE DUTY TO STATE THE REASONS ON WHICH A DECISION IS BASED IS BOTH TO PERMIT THE PERSON CONCERNED TO DETERMINE WHETHER THE DECISION IS DEFECTIVE , MAKING IT POSSIBLE FOR LEGALITY TO BE CHALLENGED , AND TO ENABLE IT TO BE REVIEWED BY THE COURT , IT FOLLOWS THAT THE EXTENT OF THAT DUTY MUST BE DETERMINED ON THE BASIS OF THE PARTICULAR FACTS OF EACH CASE .

Parties

IN CASE 69/83

CHARLES LUX , AN OFFICIAL IN GRADE A 5 AT THE COURT OF AUDITORS OF THE EUROPEAN COMMUNITIES , REPRESENTED BY EDMOND LEBRUN , OF THE BRUSSELS BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE APPLICANT ' S APARTMENT , 17 , RUE BERTHOLET ,

APPLICANT ,

V

COURT OF AUDITORS OF THE EUROPEAN COMMUNITIES , REPRESENTED BY FRANCESCO DE FILIPPIS , ACTING AS AGENT , ASSISTED BY LUCETTE DEFALQUE , OF THE BRUSSELS BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT ITS SEAT , 29 , RUE ALDRINGEN ,

DEFENDANT ,

Subject of the case

APPLICATION FOR ANNULMENT OF THE DECISION OF THE COURT OF AUDITORS OF 24 MARCH 1983 CHANGING THE ALLOCATION OF POSTS AS BETWEEN THE PRESIDENT ' S SECTOR AND THE STAFF AND OPERATIONAL EXPENDITURE SECTOR AND ALSO THE DECISION OF THE PRESIDENT OF THE COURT OF AUDITORS OF 14 APRIL 1983 CHANGING THE APPLICANT ' S POSTING AND ASSIGNING HIM TO THE STAFF AND OPERATIONAL EXPENDITURE SECTOR ,

Grounds

1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 28 APRIL 1983 , MR CHARLES LUX , AN OFFICIAL IN GRADE A 5 AT THE COURT OF AUDITORS OF THE EUROPEAN COMMUNITIES , BROUGHT AN ACTION FOR THE ANNULMENT OF THE DECISION OF THE COURT OF AUDITORS DATED 24 MARCH 1983 CHANGING THE ALLOCATION OF POSTS AS BETWEEN THE PRESIDENT ' S SECTOR AND THE STAFF AND OPERATIONAL EXPENDITURE SECTOR AND TRANSFERRING A POST OF PRINCIPAL LEGAL ADMINISTRATOR FROM THE PRESIDENT ' S SECTOR TO THE STAFF AND OPERATIONAL EXPENDITURE SECTOR AND ALSO THE DECISION OF THE PRESIDENT OF THE COURT OF AUDITORS DATED 14 APRIL 1983 CHANGING THE APPLICANT ' S POSTING AND ASSIGNING HIM TO THE STAFF AND OPERATIONAL EXPENDITURE SECTOR OF THE COURT OF AUDITORS .

2 BY A SEPARATE APPLICATION , WHICH WAS LODGED ON THE SAME DATE , THE APPLICANT SOUGHT AN INTERIM MEASURE SUSPENDING THE OPERATION OF THOSE DECISIONS .

3 ON 20 MAY 1983 THE PRESIDENT OF THE SECOND CHAMBER OF THE COURT MADE AN ORDER DISMISSING THE APPLICATION FOR THE SUSPENSION OF THE OPERATION OF THE CONTESTED DECISIONS .

4 IT APPEARS FROM THE FILE ON THE CASE THAT , AFTER PERFORMING THE DUTIES OF ADMINISTRATOR IN THE LEGAL DEPARTMENT OF THE COMMISSION FROM 25 JUNE 1973 TO 1 AUGUST 1978 , THE APPLICANT WAS APPOINTED TO A POST OF ADMINISTRATOR AT THE COURT OF AUDITORS . IN THAT POST HE WAS OBLIGED INITIALLY TO PERFORM BOTH ADMINISTRATIVE AND AUDITING DUTIES . SUBSEQUENTLY , WITH EFFECT FROM 20 JANUARY 1980 , HE WAS APPOINTED AS AN ADMINISTRATOR IN THE LEGAL DEPARTMENT , WHICH WAS TRANSFERRED ON 15 JANUARY 1981 TO THE PRESIDENT ' S SECTOR , OF WHICH IT STILL FORMS PART .

5 THE APPLICANT HELD THAT POST UNTIL THE ADOPTION OF THE CONTESTED DECISION OF 14 APRIL 1983 ASSIGNING HIM TO THE STAFF AND OPERATIONAL EXPENDITURE SECTOR , WHICH IS AN AUDITING SECTOR .

6 IN SUPPORT OF HIS APPLICATION , THE APPLICANT PUTS FORWARD FIVE SUBMISSIONS : LACK OF POWER OF THE COURT OF AUDITORS TO ADOPT THE DECISION OF 24 MARCH 1983 ; INADEQUATE STATEMENT OF THE REASONS ON WHICH THE DECISION WAS BASED ; INFRINGEMENT OF THE GUARANTEES PROVIDED FOR BY ARTICLES 4 , 7 AND 29 OF THE STAFF REGULATIONS OF OFFICIALS INASMUCH AS THE COURT OF AUDITORS MAY NOT REASSIGN AN OFFICIAL WHERE THE REASSIGNMENT INVOLVES A SUBSTANTIAL CHANGE IN HIS DUTIES , AS IN THE PRESENT CASE ; DISREGARD OF THE INTERESTS OF THE SERVICE , CONTRARY TO ARTICLE 7 OF THE STAFF REGULATIONS ; AND , FINALLY , MISUSE OF POWERS .

7 IT IS CLEAR FROM THE DOCUMENTS RELATING TO THE CASE AND FROM THE VIEWS EXPRESSED AT THE HEARING THAT THE PARTIES WERE ESSENTIALLY DIVIDED ON TWO ISSUES , NAMELY WHETHER THE DEFENDANT WAS EMPOWERED TO ADOPT THE CONTESTED DECISIONS AND WHETHER , IN ADOPTING THOSE DECISIONS , IT OBSERVED THE RIGHTS AND GUARANTEES CONFERRED ON OFFICIALS BY THE STAFF REGULATIONS AND THE CASE-LAW OF THE COURT .

DIVISION OF POWERS WITHIN THE COURT OF AUDITORS

8 THE APPLICANT CONTENDS THAT , SINCE THE POST IN QUESTION IS HELD BY AN OFFICIAL , THE POWER TO CHANGE THE ALLOCATION OF POSTS AS BETWEEN SECTORS IS VESTED NOT IN THE COURT OF AUDITORS AS A COLLEGIATE BODY BUT IN THE PRESIDENT OF THE COURT OF AUDITORS ACTING IN HIS CAPACITY AS APPOINTING AUTHORITY .

9 THE DEFENDANT , REFERRING TO THE DISTINCTIVE NATURE OF ITS INTERNAL ORGANIZATION , EXPLAINS THAT , FOLLOWING A REQUEST FROM ONE OF ITS MEMBERS FOR AN ADDITIONAL LAWYER TO JOIN HIS SECTOR , IT WAS NECESSARY , UNDER THE RULES OF PROCEDURE OF THE COURT OF AUDITORS , FIRST FOR THE POST PROVIDED FOR IN THE BUDGET TO BE TRANSFERRED BY THE COURT ACTING AS A COLLEGIATE BODY AND , SECONDLY , FOR THE APPLICANT TO BE ASSIGNED TO THAT POST BY THE APPOINTING AUTHORITY . CONSEQUENTLY , THE COURT OF AUDITORS , AS A COLLEGIATE BODY , DID NOT LACK THE POWER TO ADOPT THE FIRST DECISION , SINCE IT WAS ONLY THE SECOND DECISION WHICH HAD TO BE ADOPTED BY THE APPOINTING AUTHORITY .

10 THE PARTIES ARE AGREED THAT WHAT IN FACT TOOK PLACE WAS A TRANSFER OF THE APPLICANT TOGETHER WITH HIS POST FROM THE PRESIDENT ' S SECTOR TO THE STAFF AND OPERATIONAL EXPENDITURE SECTOR . HOWEVER , EVEN THOUGH THAT TRANSFER MAY BE VIEWED AS AN INDIVIDUAL DECISION , THE APPLICANT ' S ARGUMENTS CANNOT BE ACCEPTED .

11 IN HIS ARGUMENTS THE APPLICANT FAILS TO TAKE ACCOUNT OF THE DISTINCTIVE NATURE OF THE COURT OF AUDITORS AND , IN...