Bourgaux v. The Common Assembly of the European Coal and Steel Community.

Abstract

Court of Justice of European Coal and Steel Community — Costs — Whether action reckless and vexatious which involves condemnattion of plaintiff in total costs — Relevance of ambiguity in conduct of defendant — Apportionment of costs — Article 89, paragraph 3, of Rules of Procedure.

International organization — International officials — European Coal and Steel Community — Contract of employment as head of certain departments of Assembly of Community — Decision of Assembly abolishing these departments — Failure to reappoint plaintiff — Capacity of plaintiff to challenge decision — Treaty establishing European Coal and Steel Community, Articles 38 and 42 — Whether necessary to give reasons for dismissal — Détournement de pouvoir — Whether dismissal a disguised sanction — Position of employee prior to introduction of Statute of Service of Community.