Order of the President of the Third Chamber of the Court of 5 February 1982.#Sven-Ole Mogensen and others v Commission of the European Communities.#Case 10/82 R.

Parties

IN CASE 10/82 R

SVEN-OLE MOGENSEN , CARL WALTENBURG , LENE OEHRGAARD AND JEAN-LOUIS DELVAUX , OFFICIALS OF THE COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY JYTTE THORBEK , OF THE COPENHAGEN BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF JACQUES LOESCH , 2 RUE GOETHE ,

APPLICANTS ,

V

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY JOHANNES F . BUHL , ITS LEGAL ADVISER , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ORESTE MONTALTO , JEAN MONNET BUILDING , KIRCHBERG ,

DEFENDANT ,

Subject of the case

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES , NAMELY AN INJUNCTION PROHIBITING THE MAKING OF ANY APPOINTMENT TO THE POST OF REVISER DECLARED VACANT BY NOTICE NO COM/1144/80 UNTIL JUDGMENT IS GIVEN IN THE MAIN ACTION IN WHICH THE APPLICANTS HAVE CHALLENGED THE LAWFULNESS OF THE DECISION OF THE COMMISSION REJECTING THEIR APPLICATIONS FOR THE SAID POST ,

Grounds

1 A JUDGE BEFORE WHOM A REQUEST FOR THE ADOPTION OF INTERIM MEASURES IS BROUGHT , HAVING HEARD THE ARGUMENTS SET OUT BY THE PARTIES , MUST RESTRICT THE SCOPE OF HIS CONSIDERATION EXCLUSIVELY TO THE GROUNDS CAPABLE OF ESTABLISHING THE EXISTENCE OF URGENCY .

2 FROM THAT POINT OF VIEW IT MUST BE NOTED FIRST OF ALL THAT THE POST IN DISPUTE HAS ALREADY BEEN FILLED AND THAT , HAVING REGARD TO THE FACTS AT THE PRESENT TIME , THERE IS NO LONGER ANY REASON TO GRANT THE MEASURE REQUESTED .

3 ALTHOUGH THAT FINDING HAS NO EFFECT WHATEVER ON THE JUDGMENT TO BE GIVEN IN THE MAIN ACTION AND ON ANY CONSEQUENCES WHICH IT MAY HAVE , IT IS APPROPRIATE TO TAKE NOTE OF THE FACTUAL SITUATION AND TO DISMISS THIS APPLICATION SINCE IT IS NOW DEVOID OF PURPOSE .

Decision on costs

COSTS

4 IN THESE CIRCUMSTANCES THE COSTS MUST BE RESERVED .

Operative part

ON THOSE GROUNDS ,

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

BY WAY OF INTERLOCUTORY DECISION ,

HEREBY ORDERS AS FOLLOWS :

1 . THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES IS DISMISSED .

2.THE COSTS ARE RESERVED .