Keywords

Summary



Keywords

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1 . WRITTEN PROCEDURE - PLEADINGS - REFERENCE BY THE PARTIES TO PLEADINGS ENTERED BY PARTIES IN ANOTHER CASE - INADMISSIBILITY

2 . OFFICIALS - STAFF REGULATIONS - GENERAL PROVISIONS FOR GIVING EFFECT THERETO - DUTY TO ADOPT SUCH PROVISIONS

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

3 . OFFICIALS - INTEGRATION - INTEGRATION PROCEDURE - PROVISIONS RELATING THERETO - SUFFICIENCY OF SUCH PROVISIONS

4 . OFFICIALS - INTEGRATION - INTEGRATION PROCEDURE - CONFRONTATION OF THE SERVANT CONCERNED WITH HIS IMMEDIATE SUPERIORS NOT ESSENTIAL AS A GENERAL RULE - DUTY TO HAVE SUCH A CONFRONTATION TO CLARIFY FACTS IN DISPUTE

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

5 . OFFICIALS - INTEGRATION - OPINION OF THE ESTABLISHMENT BOARD - REVIEW BY THE COURT - OBJECT AND LIMITS

( STAFF REGULATIONS OF OFFICIALS OF THE EEC AND ECSC, ARTICLES 91 AND 102 )

6 . OFFICIALS - WRONGFUL ACT OR OMISSION ON THE PART OF THE ADMINISTRATION - NON-MATERIAL DAMAGE RESULTING FROM A LAWFUL MEASURE - IMPOSSIBILITY IN PRINCIPLE - EXCEPTION IN CASES OF SUPERFLUOUS CRITICISM

Summary

1 . A REFERENCE BY THE PARTIES TO PLEADINGS ENTERED BY PARTIES IN ANOTHER CASE IS NOT ADMISSIBLE .

2 . CF . PARA . 4(A ), SUMMARY, CASE 16/64, ( 1965 ) ECR 135 .

THE EXPRESSION 'THE GENERAL PROVISIONS FOR GIVING EFFECT TO THESE STAFF REGULATIONS' APPEARING IN ARTICLE 110 OF THE STAFF REGULATIONS OF OFFICIALS OF THE EEC AND THE EAEC REFERS IN THE FIRST INSTANCE TO THE PROVISIONS WHICH EACH INSTITUTION IS OBLIGED TO MAKE IN EXECUTION OF CERTAIN MANDATORY PROVISIONS OF THE REGULATIONS, SUCH AS THE FIRST PARAGRAPH OF ARTICLE 2, AND THE SECOND SUBPARAGRAPH OF ARTICLE 5 ( 4 ).

IN THE ABSENCE OF SUCH RULES THE OBLIGATION TO ADOPT 'GENERAL PROVISIONS FOR GIVING EFFECT' TO THE STAFF REGULATIONS CAN BE RECOGNIZED ONLY IN THE CASES IN WHICH THE PROVISIONS OF THE REGULATIONS ARE NOT SUFFICIENTLY EXPLICIT BY THEMSELVES .

*/ 664J0016 /*.

3 . CF . PARA . 6, SUMMARY, CASE 87/63, ( 1964 ) ECR 469 .

ARTICLE 102 OF THE STAFF REGULATIONS IS ONLY A TRANSITIONAL PROVISION OF THOSE REGULATIONS AND CONSEQUENTLY DOES NOT REQUIRE ANY GENERAL PROVISION FOR GIVING EFFECT THERETO WITHIN THE MEANING OF ARTICLE 110 OF THE SAID REGULATIONS .

*/ 663J0087 /*.

4 . THE ESTABLISHMENT BOARD IS NOT OBLIGED TO ARRANGE FOR A CONFRONTATION BETWEEN AN OFFICIAL WHOSE CASE IT IS CONSIDERING AND HIS SUPERIORS, EXCEPT IF IT IS CLEAR THAT THE ABSENCE OF SUCH A MEETING WOULD MAKE IT IMPOSSIBLE TO CLARIFY THE FACTS IN DISPUTE .

CF . PARA . 3, SUMMARY, CASE 87/63, ( 1964 ) ECR 925 .

5 . THE ASSESSMENTS OF THE ESTABLISHMENT BOARD CONSTITUTE A GENERAL VALUE-JUDGMENT, FOR WHICH THE COURT CANNOT SUBSTITUTE ITS OWN ASSESSMENT . ON THE OTHER HAND IT IS FOR THE COURT TO CHECK WHETHER THE FACTS TAKEN INTO ACCOUNT BY THE ESTABLISHMENT BOARD ARE MATERIALLY ACCURATE AND LOGICALLY COMPATIBLE WITH THAT JUDGMENT .

CF . PARA . 3, SUMMARY, JOINED CASES 35/62 AND 16/63 ( 1963 ) ECR 197 .

6 . CF . PARA . 4, SUMMARY, JOINED CASES 35/62 AND 16/63, ( 1963 ) ECR 197 .

A MEASURE WHICH HAS NOT BEEN SHOWN TO BE UNLAWFUL CANNOT CONSTITUTE A WRONGFUL ACT OR OMISSION AND THUS UNLAWFULLY PREJUDICE THE HONOUR AND REPUTATION OF THE PERSON TO WHOM IT REFERS, UNLESS IT CONTAINS SUPERFLUOUS CRITICISMS OF THAT PERSON .

*/ 662J0035 /*.