ECJ 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.
Costs
4 In these circumstances the costs must be reserved.
Citations:
C-10/82R, [1982] EUECJ C-10/82R
Links:
Cited by:
Interim Order – Mogensen and Others v Commission ECJ 14-Jul-1983
1. By requiring the appointing authority only to consider whether the post ‘can’ be filled by promotion within the institution article 29(1)(a) of the staff regulations clearly shows that that authority is under no absolute obligation to promote an . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 13 November 2022; Ref: scu.470578