5

On the basis of Article 36.1 of the Protocol on the Statute of the ESCB and of the ECB and, in particular, the Rules of Procedure of the ECB, the Governing Council of the ECB adopted, by decision of 9 June 1998, amended on 31 March 1999 (OJ 1999 L 125, p. 32), the Conditions of Employment for Staff of the ECB (‘the Conditions of Employment’). Subsequently, the Conditions of Employment were amended several times. The version of the Conditions of Employment in force on 1 January 2010 provided, inter alia, as follows: ‘3. The privileges and immunities enjoyed by the staff of the ECB under the Protocol on the Privileges and Immunities of the European [Union] are accorded solely in the interests of the ECB. These privileges and immunities shall in no way exempt members of staff from fulfilling their private obligations or from complying with the laws and police regulations in force. … (a) Members of staff shall perform their duties conscientiously and without regard to self-interest. They shall conduct themselves in a manner befitting their position and the character of the ECB as a [European Union] body … … (a) Employment relations between the ECB and its members of staff shall be governed by employment contracts issued in conjunction with [the] Conditions of Employment. The Staff Rules adopted by the Executive Board shall further specify the application of [the] Conditions of Employment. … (c) No specific national law governs [the] Conditions of Employment. The ECB shall apply (i) the general principles of law common to the Member States, (ii) the general principles of European [Union (EU)] law, and (iii) the rules contained in the [EU] regulations and directives concerning social policy which are addressed to Member States. Whenever necessary, these legal instruments will be implemented by the ECB. [EU] recommendations in the area of social policy will be given due consideration. In interpreting the rights and obligations under the … Conditions of Employment, due regard shall be shown for the authoritative principles of the regulations, rules and case[-]law which apply to the staff of the [EU] institutions. … (a) Contracts of members of staff may be terminated by the ECB on a reasoned decision of the Executive Board in accordance with the procedure laid down in the Staff Rules and on the following grounds: … (iv) for disciplinary reasons. (b) During the probationary period or in the case of dismissal for disciplinary reasons, the period of notice shall be one month. … 41. Members of staff may ask for an administrative review of decisions taken in their individual cases, using the procedure laid down in Part 8 of the Staff Rules. … Disciplinary measures may only be challenged by means of the special appeals procedure laid down in the Staff Rules. … 44. The following disciplinary measures may be taken, as appropriate, against members of staff … who, whether intentionally or through their negligence, breach their professional duties: (i) … (ii) in addition, the Executive Board may impose any of the following: … — demotion with a corresponding change in the employment position of the member of staff within the [ECB], — dismissal with or without notice, accompanied, in duly justified circumstances, by a reduction of benefits under the pension arrangements … or the disability allowance; the effects of this measure shall not extend to dependants. … ... 45. Disciplinary measures shall be proportional to the seriousness of the breach of professional duties and shall state the grounds on which they are based. To determine the seriousness of the breach of professional duties and the disciplinary measure to be imposed, account shall be taken in particular of: — the nature of the breach of professional duties and the circumstances in which it occurred, — the extent to which the misconduct adversely affects the ECB’s integrity, reputation or interests, — the extent to which the misconduct involves intentional actions or negligence, — the motives of the member of staff’s breach of professional duties, — the member of staff’s grade and seniority, — the degree of the member of staff’s responsibility, — whether the breach of professional duties involves repeated action or behaviour, — the conduct of the member of staff throughout the course of their career. Disciplinary measures shall be adopted in accordance with the procedure laid down in the Staff Rules. The said procedure shall ensure that no member of staff … to whom [the] Conditions of Employment apply may be subjected to a disciplinary measure without first being offered an opportunity to reply to the relevant charges. … 46. The Executive Board may suspend a member of staff against whom an allegation of serious breach of professional duties has been made immediately after they have been heard, save in exceptional circumstances. …’