Keywords

Summary



Keywords

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1 . OFFICIALS - DISPUTES WITH THE ADMINISTRATION - ADMINISTRATION MADE PARTY TO PROCEEDINGS APPOINTING AUTHORITY - CAPACITY TO BE A PARTY TO LEGAL PROCEEDINGS

( EEC TREATY, ARTICLE 179; STAFF REGULATIONS OF THE EEC, ARTICLES 90, 91 )

2 . OFFICIALS - DISPUTES WITH THE COMMUNITIES - DEFENDANT - CAPACITY TO APPEAR FOR THE COMMUNITY

( EEC TREATY, ARTICLE 179; STAFF REGULATIONS OF THE EEC, ARTICLE 91 )

3 . OFFICIALS - DISPUTES WITH THE ADMINISTRATION - ACT ADVERSELY AFFECTING A SERVANT - CONCEPT

( STAFF REGULATIONS OF THE EEC, ARTICLE 91 )

4 . OFFICIALS - INTEGRATION - OPINION OF THE ESTABLISHMENT BOARD - ACT WHICH CANNOT BE CONTESTED SEPARATELY - ACTION TO BE BROUGHT AGAINST THE DECISION TERMINATING A CONTRACT - WHETHER SUBMISSIONS AND ARGUMENTS AGAINST THE INTEGRATION PROCEDURE MAY BE USED IN ACTION

( STAFF REGULATIONS OF THE EEC, ARTICLE 102 )

5 . OFFICIALS - INTEGRATION - APPEAL AGAINST THE ADMINISTRATION - EXECUTION OF JUDGMENT - RE-OPENING OF THE INTEGRATION PROCEDURE ACCEPTED AS A MEASURE OF EXECUTION

( STAFF REGULATIONS OF THE EEC, ARTICLE 91 )

6 . OFFICIALS - STAFF REGULATIONS - FINAL PROVISIONS - LEGAL NATURE

( STAFF REGULATIONS OF THE EEC, ARTICLE 110 )

7 . OFFICIALS - INTEGRATION - DESCRIPTION OF DUTIES NOT NECESSARY FOR THE PURPOSES OF INTEGRATION ( STAFF REGULATIONS OF THE EEC, ARTICLES 5, 102 )

8 . OFFICIALS - INTEGRATION - UNFAVOURABLE OPINION BY THE BOARD - RIGHT OF THE PERSON CONCERNED TO SUBMIT HIS COMMENTS

( STAFF REGULATIONS OF THE EEC, ARTICLE 102 )

9 . OFFICIALS - INTEGRATION - POWERS OF THE ADMINISTRATION - REVIEW BY THE COURT - LIMITS

( STAFF REGULATIONS OF THE EEC, ARTICLE 102 )

10 . OFFICIALS - INTEGRATION - OPINION OF THE ESTABLISHMENT BOARD - STATEMENT OF REASONS

( STAFF REGULATIONS OF THE EEC, ARTICLE 102 )

Summary

1 . IT FOLLOWS FROM ARTICLE 179 OF THE EEC TREATY AND FROM ARTICLES 90 AND 91 OF THE STAFF REGULATIONS OF OFFICIALS THAT THE APPOINTING AUTHORITY, WHICH EXERCISES IN FACT THE POWERS OF AN EMPLOYER WITH REGARD TO OFFICIALS, HAS THE CAPACITY TO BE A PARTY TO LEGAL PROCEEDINGS IN DISPUTES BETWEEN SERVANTS AND THE ADMINISTRATION .

CF . PARA . 1 OF SUMMARY IN JOINED CASES 79 AND 82/63 .

2 . AN APPEAL TO THE COURT UNDER ARTICLE 91 OF THE STAFF REGULATIONS OF OFFICIALS OF THE EEC AND EAEC MUST BE BROUGHT AGAINST THE INSTITUTION TO WHOM THE PERSON CONCERNED IS RESPONSIBLE . THAT INSTITUTION IS AUTHORIZED TO APPEAR ON BEHALF OF THE COMMUNITY .

CF . PARA . 1 OF SUMMARY IN CASE 18/63 .

3 . ONLY ACTS WHICH ARE CAPABLE OF DIRECTLY AFFECTING A GIVEN LEGAL SITUATION CAN BE CONSIDERED AS ADVERSELY AFFECTING A PERSON .

4 . THE OPINION OF THE ESTABLISHMENT BOARD IS NOT A MEASURE SEPARABLE FROM THE DECISION OF THE APPOINTING AUTHORITY FOR THE PURPOSES OF THE APPEAL PROVIDED FOR IN ARTICLE 91 . CONCLUSIONS SEEKING ANNULMENT OF THE INTEGRATION PROCEDURE AND OF THE OPINION OF THE ESTABLISHMENT BOARD, CONSIDERED SEPARATELY FROM THE CONTESTED DECISION TO TERMINATE THE CONTRACT, ARE INADMISSIBLE . HOWEVER, THE SUBMISSIONS AND ARGUMENTS PUT FORWARD IN SUPPORT OF THESE CONCLUSIONS MAY BE INVOKED AGAINST THE DECISION TO TERMINATE THE CONTRACT ITSELF .

CF . PARA . 2 OF SUMMARY IN CASE 84/63 .

5 . ALTHOUGH THE COURT, EVEN IN THE CONTEXT OF PROCEEDINGS IN WHICH IT HAS UNLIMITED JURISDICTION, AS IT HAS UNDER ARTICLE 91 ( 1 ) OF THE STAFF REGULATIONS, IS UNABLE TO ORDER THE ADMINISTRATION TO CARRY OUT A SPECIFIC ACT, THE REOPENING OF THE INTEGRATION PROCEDURE MUST HOWEVER BE CONSIDERED MERELY AS ONE OF THE CONSEQUENCES FLOWING FROM THE EXECUTION OF THE JUDGMENT IF THE APPEAL WERE TO BE UPHELD .

6 . THE IMPLEMENTING PROVISIONS PROVIDED FOR IN ARTICLE 110 OF THE STAFF REGULATIONS ARE OF A GENERAL NATURE . THEY ARE THEREFORE ONLY NECESSARY FOR THE IMPLEMENTATION OF THE PERMANENT PROVISIONS OF THE STAFF REGULATIONS .

7 . THE DEFINITION OF DUTIES WITHIN THE MEANING OF ARTICLE 5 OF THE STAFF REGULATIONS OF OFFICIALS CANNOT BE CONSIDERED AS AN INDISPENSABLE LEGAL PROCEDURE FOR THE PURPOSES OF THE APPLICATION OF ARTICLE 102 .

8 . BEFORE ISSUING AN UNFAVOURABLE OPINION, THE ESTABLISHMENT BOARD MUST AFFORD THE PERSON CONCERNED AN OPPORTUNITY TO SUBMIT HIS COMMENTS ON THE FACTORS CAPABLE OF INFLUENCING HIS INTEGRATION . THIS REQUIREMENT IS SATISFIED WHEN THE PERSON CONCERNED HAS BEEN HEARD AT WHATEVER TIME BY THE BOARD IN CONNEXION WITH THE FACTORS IN THE REPORT WHICH FORMED THE BASIS FOR ITS DECISION AND FROM WHICH IT DREW ITS CONCLUSIONS .

9 . THE INTEGRATION PROCEDURE ENABLES THE ADMINISTRATION TO CHOOSE THE OFFICIALS WHO WILL HENCEFORTH BENEFIT FROM THE GUARANTEES UNDER THE STAFF REGULATIONS . THIS CHOICE PRESUPPOSES A CERTAIN FREEDOM OF JUDGMENT AND THEREFORE A PROCEDURE WHICH DOES NOT NECESSARILY INCLUDE ALL THE GUARANTEES AFFORDED TO OFFICIALS UNDER THE STAFF REGULATIONS . REVIEW BY THE COURT CAN THEREFORE BE EXERCISED ONLY OVER THOSE FACTORS IN WHICH CLEAR INJUSTICE MAY BE SEEN .

10 . THE OPINION OF THE ESTABLISHMENT BOARD SUFFICIENTLY STATES THE REASONS ON WHICH IT IS BASED BY MEANS OF THE REFERENCES MADE BOTH TO THE INFORMATION USED AND TO THE BASIC FACTORS BORNE IN MIND UNDERLYING ITS ASSESSMENT .