Keywords

Summary



Keywords

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1 . OFFICIALS - ON CONTRACT - PERIOD PRIOR TO PROMULGATION OF STAFF REGULATIONS - CONDITIONS APPLICABLE - DISPUTES - JURISDICTION OF THE COURT

( EEC TREATY, ARTICLES 173, 179 )

2 . OFFICIALS - ON CONTRACT - PERIOD PRIOR TO PROMULGATION OF STAFF REGULATIONS - SERVANTS WITHIN THE MEANING OF ARTICLE 179 OF EEC TREATY - CONCEPT

( EEC TREATY, ARTICLE 179 )

3 . OFFICIALS - ON CONTRACT - PERIOD PRIOR TO PROMULGATION OF STAFF REGULATIONS - CONTRACT OF EMPLOYMENT - CONTRACT UNDER PUBLIC LAW

4 . OFFICIALS - ON CONTRACT - PERIOD PRIOR TO PROMULGATION OF STAFF REGULATIONS - CONTRACT OF EMPLOYMENT - TEMPORARY ENGAGEMENT UNDER ARTICLE 246 OF THE EEC TREATY

( EEC TREATY, ARTICLE 246 ( 3 )

5 . OFFICIALS - ON CONTRACT - PERIOD PRIOR TO PROMULGATION OF STAFF REGULATIONS - CONTRACT OF EMPLOYMENT OF UNLIMITED DURATION - CONTRACT PENDING CONTRACT LIMITED DURATION

( EEC TREATY, ARTICLE 246 ( 3 ))

6 . OFFICIALS - ON CONTRACT - PERIOD PRIOR TO PROMULGATION OF STAFF REGULATIONS - DISMISSAL - INFRINGEMENT OF THE PRINCIPLE OF GOOD FAITH - LIABILITY OF THE ADMINISTRATION - COMPENSATION FOR DAMAGE

7 . OFFICIALS - ADMINISTRATIVE MEASURE - NECESSITY FOR ADEQUATE STATEMENT OF REASONS

Summary

1 . WHERE THE CONDITIONS OF EMPLOYMENT APPLIABLE TO SERVANTS HAVE NOT BEEN EXPRESSLY DETERMINED AND DEFINED BY THE COMPETENT AUTHORITIES, THE CONDITIONS APPLICABLE FOR THE PURPOSES OF ARTICLE 179

OF THE EEC TREATY ARE TO BE DEEMED TO CONSIST OF THE EXPRESS OR IMPLIED TERMS WHICH NECESSARILY GOVERNED THE CONTRACTS OF EMPLOYMENT OF THOSE SERVANTS . ACCORDINGLY THE COURT HAS JURISDICTION UNDER ARTICLE 179 OF THE EEC TREATY, AND THIS IS CONFIRMED BY THE GENERAL PRINCIPLE SET OUT IN ARTICLE 173 OF THE SAID TREATY .

2 . FOR THE PURPOSES OF ARTICLE 179 OF THE EEC TREATY, ANY PERSON EMPLOYED IN THE SERVICES OF THE COMMUNITY PRIOR TO THE PROMULGATION OF THE STAFF REGULATIONS IS A SERVANT .

3 . CONTRACTS OF EMPLOYMENT OF SERVANTS CONCLUDED BY THE COMMISSION ACTING UNDER ITS POWERS TO PROVIDE A PUBLIC SERVICE COME UNDER PUBLIC LAW AND ARE SUBJECT TO THE GENERAL RULES OF ADMINISTRATIVE LAW . 4 . THE EXPRESS OR IMPLIED CREATION, PRIOR TO THE PROMULGATION OF THE STAFF REGULATIONS, OF A RELATIONSHIP WHICH ENVISAGES PERMANENT EMPLOYMENT AND CARRIES ENTITLEMENT TO THE FUTURE BENEFITS OF THE STAFF REGULATIONS IS PROHIBITED BY VIRTUE OF ARTICLE 246 ( 3 ) OF THE EEC TREATY . THE CASE-LAW OF THE ECSC COURT OF JUSTICE, WHICH HAS ACCEPTED THAT SERVANTS OF THE ECSC EMPLOYED PRIOR TO THE PROMULGATION OF THE STAFF REGULATIONS HAVE AN ENTITLEMENT TO FUTURE EMPLOYMENT THEREUNDER, IS OF NO AVAIL ON THIS POINT BECAUSE THE LAST PARAGRAPH OF ARTICLE 7 OF THE CONVENTION ON THE TRANSITIONAL PROVISIONS DOES NOT REQUIRE THAT ALL CONTRACTS OF EMPLOYMENT SHALL BE OF LIMITED DURATION .

5 . ALTHOUGH THE CONTRACTS AT ISSUE WERE NEVERTHELESS CONCLUDED FOR A PERIOD OF UNLIMITED DURATION, THAT IS TO BE EXPLAINED BY THE FACT THAT AT THE TIME WHEN THEY WERE CONCLUDED IT WAS IMPOSSIBLE TO ENTER INTO CONTRACTS OF LIMITED DURATION PROVIDED FOR BY ARTICLE 246 ( 3 ) OF THE TREATY, BECAUSE AT THAT TIME THE PERMANENT NEEDS OF EACH SERVICE OF THE COMMISSION WERE NOT SUFFICIENTLY FORESEEABLE . THE CONTRACTS AT ISSUE, WHICH THUS CONSTITUTED A PHASE PENDING THE CONCLUSION OF CONTRACTS PROVIDED FOR BY ARTICLE 246 ( 3 ) OF THE TREATY, CAN ON NO ACCOUNT IMPLY THAT THERE WAS A COMMON INTENTION BETWEEN THE PARTIES TO ENTER INTO THE LEGAL RELATIONSHIP OF A CONTRACT OF PERMANENT EMPLOYMENT, FOR SUCH AN INTENTION IS MANIFESTLY CONTRARY TO THE PRINCIPLE SET OUT IN THE SAID ARTICLE 246 ( 3 ).

6 . OBSERVANCE OF THE PRINCIPLE OF GOOD FAITH REQUIRES THAT DECISIONS OF DISMISSAL TERMINATING A CONTRACT OF EMPLOYMENT MUST BE JUSTIFIED ON GROUNDS RELEVANT TO THE INTERESTS OF THE SERVICE AND THERE MUST BE NOTHING ARBITRARY ABOUT THEM . FAILURE TO STATE SUCH GROUNDS CONSTITUTES A BREACH OF CONTRACT FOR WHICH THE ADMINISTRATION IS LIABLE .

THE FACT THAT THE OFFICIALS WRONGFULLY DISMISSED HAVE RETURNED TO POSTS FORMERLY HELD BY THEM OR FOUND NEW POSTS IS NO BAR TO THEIR BEING AWARDED COMPENSATION FOR NON-MATERIAL DAMAGE CAUSED BY THE WRONGFUL ACT ON THE PART OF THE ADMINISTRATION .

7 . THE REASONS APPERTAINING TO THE PUBLIC INTEREST IN JUSTIFICATION FOR AN ADMINISTRATIVE MEASURE MUST BE STATED WITH CLARITY AND IN SUCH A WAY THAT THEY MAY BE DISPUTED FOR OTHERWISE THE OFFICIAL CONCERNED WOULD HAVE NO MEANS OF KNOWING WHETHER HIS LEGAL RIGHTS HAD BEEN RESPECTED OR INFRINGED AND FURTHERMORE ANY REVIEW OF THE LEGALITY OF THE DECISION WOULD BE HAMPERED .