DUTY TO GIVE A SPECIFIC STATEMENT OF REASONS .
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IN CONSEQUENCE, THE LETTER TERMINATING THE CONTRACT MUST BE HELD TO BE INSUFFICIENT .
THIS DEFICIENCY CONSTITUTES A CONTRACTUAL WRONG ON THE PART OF THE COMMISSION FOR WHICH IT IS LIABLE .
ITS LIABILITY MUST, IN THE PRESENT CASE, BE ASSESSED IN THE LIGHT OF THE FACT THAT THE TERMINATION OF THE CONTRACT OF EMPLOYMENT HAS TAKEN EFFECT AND THAT THE COMMISSION MUST DISCHARGE ITS OBLIGATION BY WAY OF DAMAGES .
IN ORDER TO ASSESS THE AMOUNT OF DAMAGE, ACCOUNT MUST BE TAKEN OF THE NON-MATERIAL DAMAGE SUFFERED BY THE APPLICANT BY REASON OF THE ANXIETIES WHICH THE PRECARIOUS POSITION ARISING FROM THE DEFAULT OF THE COMMISSION CAUSED HIM AND ALSO BY REASON OF HIS AGE AND THE SITUATION OF HIS FAMILY .
THE COURT HAS EXTRACTED FROM THE CIRCUMSTANCES OF THE CASE FACTORS ENABLING IT, IN EQUITY, TO ASSESS DAMAGES AT FB 100 000 .
CONSEQUENTLY THE OFFER MADE BY THE DEFENDANT TO PAY THE APPLICANT THE SUM OF FB 100 000 MUST BE CONSIDERED ADEQUATE .
BY ORDER OF THE PRESIDENT OF THE COURT DATED 1 OCTOBER 1960, THE COMMISSION OF THE EEC WAS ORDERED TO MAKE AN INTERIM PAYMENT TO THE APPLICANT OF FB 60 000; CONSEQUENTLY, THE AMOUNT OF FB 100 000 TO BE PAID TO THE APPLICANT AS COMPENSATION FOR NON-MATERIAL DAMAGE MUST BE REDUCED BY THE AMOUNT OF THE INTERIM PAYMENT MADE TO HIM . PERIOD OF NOTICE GRANTED BY THE COMMISSION
IT IS ALSO APPROPRIATE TO CONSIDER WHETHER THE PERIOD OF NOTICE GRANTED BY THE COMMISSION IN TERMINATING THE CONTRACT AT ISSUE CONFORMED TO NORMAL PRACTICE .
IN THE ABSENCE OF ANY RELEVANT REQUIREMENTS IN THE CONTRACT OF EMPLOYMENT IT IS OF NO AVAIL TO REFER TO THE CONDITIONS APPLICABLE TO THE TEMPORARY SERVANTS OF THE ECSC, BECAUSE THOSE CONDITIONS MAKE NO PROVISION FOR CONTRACTS OF INDEFINITE DURATION IN THE ENGAGEMENT OF TEMPORARY OFFICIALS; IT IS CONSEQUENTLY NECESSARY TO RELY ON THE GENERAL PRINCIPLES OF LAW AND THE " CONDITIONS OF ENGAGEMENT OF AUXILIARY STAFF ", TO WHICH THE DEFENDANT REFERS .
ARTICLE 2 OF THE SAID CONDITIONS PROVIDES THAT, FOR THE TERMINATION OF CONTRACTS FOR AN INDEFINITE DURATION, THE PERIOD OF NOTICE SHALL BE CALCULATED ON THE BASIS OF ONE DAY'S NOTICE FOR EVERY SEVEN WORKING DAYS .
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THE CONTESTED DECISION OF DISMISSAL PROVIDED FOR A PERIOD OF NOTICE OF ONLY ABOUT ONE MONTH WHEREAS UNDER THE TERMS OF THE AFOREMENTIONED ARTICLE 2 THE PERIOD OF NOTICE OUGHT TO HAVE BEEN LONGER .
HOWEVER, THE PERIOD WAS TWICE EXTENDED BY A MONTH .
IN VIEW OF THIS, AND SINCE THE APPLICANT CONTINUED TO RECEIVE HIS EMOLUMENTS UNTIL THE EXPIRY OF THIS PERIOD, HAVING AT THE SAME TIME HAD THE OPPORTUNITY OF USING IT TO SEEK FRESH EMPLOYMENT, IT FOLLOWS THAT THE PERIOD OF NOTICE ACTUALLY GIVEN BY THE COMMISSION TO THE APPLICANT WAS IN THE REGION OF THREE MONTHS .
BEARING IN MIND THE POSSIBILITIES OPEN TO