1 UNDER ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE OF THE COURT, SUSPENSION OF OPERATION IS SUBJECT TO THE EXISTENCE OF CIRCUMSTANCES GIVING RISE TO URGENCY AND OF GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR SUCH A MEASURE .
2 IN SUPPORT OF HIS INTERIM APPLICATION, THE APPLICANT HAS ASSERTED THAT THE IMPLEMENTATION OF THE COMMISSION'S DECISION WOULD DEPRIVE HIM OF HIS MEANS OF SUBSISTENCE, WHICH HAVE, UNTIL NOW, BEEN HIS REMUNERATION .
3 AT THIS STAGE IN THE PROCEDURE, IT IS IMPOSSIBLE TO FORESEE THE OUTCOME OF THE MAIN ACTION .
4 IF THE APPLICANT SUCCEEDS IN HIS PLEAS, HE WILL BE ENTITLED TO PAYMENT OF THE REMUNERATION WITHHELD BY THE DECISION OF THE COMMISSION .
5 IF, ON THE OTHER HAND, THE COURT HAVING ORDERED THE COMMISSION TO SUSPEND THE OPERATION OF ITS DECISION, THE APPLICANT WERE TO FAIL IN THE MAIN ACTION, THE COMMISSION WOULD BE AUTHORIZED, IN PURSUANCE OF ARTICLE 85 OF THE STAFF REGULATIONS OF OFFICIALS, TO RECOVER ANY SUMS PAID IN ERROR .
6 UNTIL SUCH TIME AS THE COURT GIVES ITS JUDGMENT THE OPERATION OF THE COMMISSION'S DECISION IS, THEREFORE, NOT OF SUCH A NATURE, DESPITE THE ALLEGEDLY DIFFICULT SITUATION IN WHICH THE APPLICANT IS PLACED, AS TO CAUSE SERIOUS OR IRREPARABLE DAMAGE TO HIS RIGHTS AND INTERESTS .
7 CONSEQUENTLY, HIS INTERIM APPLICATION MUST BE DISMISSED .
8 IT IS APPROPRIATE, AT THIS STAGE, TO RESERVE COSTS .
ON THOSE GROUNDS,
THE PRESIDENT
AS AN INTERIM RULING,
ORDERS :
1 . THE INTERIM APPLICATION IS DISMISSED;
2 . THE COSTS ARE RESERVED .
