61963O0027

++++

IN CASE 27/63

GOFFREDO RAPONI

V

COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY

APPLICATION FOR THE ANNULMENT OF THE APPOINTMENT OF MR X AS DIRECTOR OF INTERNAL AFFAIRS AT THE COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY,

WHEREAS THE PRINCIPAL QUESTION IN THIS ACTION IS WHETHER THE APPOINTING AUTHORITY WHEN MAKING PROMOTIONS TO FILL VACANT POSTS, OR MORE PARTICULARLY, CERTAIN POSTS, HAS DISCRETIONARY POWERS AND WHETHER IT MUST STATE THE REASONS ON WHICH AN APPOINTMENT MADE BY SELECTION IS BASED,

WHEREAS THE ACTION THEREFORE RAISES PROBLEMS REGARDING THE INTERPRETATION OF THE STAFF REGULATIONS OF OFFICIALS, THE SOLUTION OF WHICH MAY BE OF FUNDAMENTAL IMPORTANCE;

THE SECOND CHAMBER OF THE COURT OF JUSTICE

COMPOSED OF CH . L . HAMMES, PRESIDENT OF CHAMBER, R . ROSSI AND R . LECOURT, JUDGES

ADVOCATE-GENERAL : K . ROEMER

REGISTRAR : A . VAN HOUTTE

HEREBY :

REFERS THE CASE TO THE COURT .