Keywords

Summary



Keywords

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

( EEC TREATY, ARTICLE 179, STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES, ARTICLES 90, 91 ) 2 . OFFICIALS - DISPUTES WITH THE COMMUNITIES - DEFENDANT - CAPACITY OF THE COMMUNITY TO APPEAR BEFORE THE COURT

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

3 . OFFICIALS - DISPUTES WITH THE ADMINISTRATION - ACT ADVERSELY AFFECTING AN OFFICIAL - CONCEPT

( STAFF REGULATIONS OF OFFICIALS OF THE EEC, ARTICLE 91 )

4 . OFFICIALS - INTEGRATION - UNFAVOURABLE OPINION OF THE ESTABLISHMENT BOARD - MEASURE WHICH CANNOT BE CHALLENGED SEPARATELY - PROCEEDINGS TO BE BROUGHT AGAINST DECISION TO DISMISS A SERVANT - POSSIBILITY OF INVOKING IN THOSE PROCEEDINGS SUBMISSIONS AND ARGUMENTS AGAINST THE INTEGRATION PROCEDURE

( STAFF REGULATIONS OF OFFICIALS OF THE EEC, ARTICLE 102 )

5 . OFFICIALS - INTEGRATION - APPEAL AGAINST DECISION TO DISMISS A SERVANT - EXECUTION OF JUDGMENT ALLOWING APPEAL - RE-OPENING OF INTEGRATION PROCEDURE ALLOWED AS A MEASURE GIVING EFFECT TO A JUDGMENT

( STAFF REGULATIONS OF OFFICIALS OF THE EEC, ARTICLE 91 )

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

( STAFF REGULATIONS OF OFFICIALS OF THE EEC, ARTICLE 110 )

7 . OFFICIALS - INTEGRATION - DEFINITION OF DUTIES NOT NECESSARY FOR THE PURPOSE OF INTEGRATION

( STAFF REGULATIONS OF OFFICIALS OF THE EEC, ARTICLES 5, 102 )

8 . OFFICIALS - INTEGRATION - UNFAVOURABLE OPINION OF THE BOARD - RIGHT OF OFFICIAL CONCERNED TO SUBMIT COMMENTS

( STAFF REGULATIONS OF OFFICIALS OF THE EEC, ARTICLE 102 )

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

( STAFF REGULATIONS OF OFFICIALS OF THE EEC, ARTICLE 102 )

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

( STAFF REGULATIONS OF OFFICIALS 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 79/63 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 .

CF . PARA . 3 OF SUMMARY IN CASE 26/63 .

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 .

ANY GROUND OF COMPLAINT BY AN OFFICIAL AGAINST AN UNFAVOURABLE OPINION OF THE ESTABLISHMENT BOARD CAN ONLY BE RAISED EFFECTIVELY BY MEANS OF AN ACTION AGAINST THE DECISION OF THE APPOINTING AUTHORITY, SINCE THIS DECISION, WHICH CONSTITUTES THE FINAL STEP IN THE INTEGRATION PROCEDURE, IS REQUIRED TO CONFIRM THE OPINION .

CF . PARA . 4 OF SUMMARY IN CASE 26/63 .

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 .

CF . PARA . 5 OF SUMMARY IN CASE 26/63 .

6 . THE IMPLEMENTING PROVISIONS FOR WHICH PROVISION IS MADE BY ARTICLE 110 OF THE STAFF REGULATIONS ARE OF A ' GENERAL ' NATURE .

THEREFORE THE ADOPTION OF THESE MEASURES IS ONLY NECESSARY FOR THE APPLICATION OF THOSE PROVISIONS OF THE STAFF REGULATIONS WHICH ARE NOT SUFFICIENTLY CLEAR AND WHICH ARE INTENDED TO REMAIN IN FORCE .

CF . PARA . 6 OF SUMMARY IN CASE 26/63 .

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 .

CF . PARA . 7 OF SUMMARY IN CASE 26/63 .

8 . BEFORE GIVING AN UNFAVOURABLE OPINION THE ESTABLISHMENT BOARD MUST AFFORD THE PERSON CONCERNED THE OPPORTUNITY TO SUBMIT HIS COMMENTS ON THE FACTORS WHICH MAY INFLUENCE HIS INTEGRATION . THIS OBLIGATION IS COMPLIED WITH IF THE BOARD HAS HEARD THE VIEWS OF THE PERSON CONCERNED ON THE FACTS CONTAINED IN THE REPORT, FOR WHICH PROVISION IS MADE IN THE LAST PARAGRAPH OF ARTICLE 102 ( 1 ) OF THE STAFF REGULATIONS AND WHOSE CONCLUSIONS IT HAS ADOPTED, OR ON THE FACTORS WHICH IT CONSIDERS LIKELY TO LEAD IT TO CONCLUSIONS DIFFERENT FROM THOSE IN THE REPORT AND TO HAVE AN INFLUENCE ON THE INTEGRATION OF THE SERVANT .

CF . PARA . 8 OF SUMMARY IN CASE 26/63 .

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 .

CF . PARA . 9 OF SUMMARY IN CASE 26/63 .

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 .

CF . PARA . 10 OF SUMMARY IN CASE 26/63 .