Judgment of the Court (Second Chamber) of 12 July 1973. - Nunzio di Pillo v Commission of the European Communities. - Joined cases 10 and 47-72.
European Court reports 1973 Page 00763
Greek special edition Page 00603
Portuguese special edition Page 00297
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
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1 . OFFICIALS - RECRUITMENT - PROBATION - REPORT - DELAY IN MAKING THEREOF - VALIDITY - RESPONSIBILITY OF THE ADMINISTRATION
( STAFF REGULATIONS, ARTICLE 34 )
2 . OFFICIALS - RECRUITMENT - PROBATION - UNFAVOURABLE REPORT - DISMISSAL OF THE PERSON CONCERNED - TIME LIMIT - NATURE - COMMENCING DATE
( STAFF REGULATIONS, ARTICLE 34 )
3 . OFFICIALS - RECRUITMENT - PROBATION - UNFAVOURABLE REPORT - INTENTION TO DISMISS - NOTIFICATION TO THE PERSON CONCERNED - NO OBLIGATION
( STAFF REGULATIONS, ARTICLE 34 )
Summary
1 . A PROBATION REPORT MADE SOME MONTHS LATE IS STILL VALID BUT THE ADMINISTRATION IS RESPONSIBLE FOR THE DAMAGE RESULTING FROM THIS IRREGULARITY WHICH IS CONTRARY TO THE EXPRESS REQUIREMENTS OF THE STAFF REGULATIONS .
2 . WHEN THE PROBATION REPORT IS UNFAVOURABLE, THE ADMINISTRATION MUST TAKE ITS DECISION TO DISMISS WITHIN A REASONABLE PERIOD WHICH BEGINS TO RUN FROM THE MAKING OF THE REPORT AND ITS COMMUNICATION TO THE PERSON CONCERNED .
3 . THE COMMISSION IS UNDER AN OBLIGATION TO COMMUNICATE THE END OF PROBATION REPORT TO THE PROBATIONER SO THAT HE MAY SUBMIT HIS COMMENTS, BUT NOT TO GIVE HIM AN OPPORTUNITY TO STATE HIS VIEWS ON ITS INTENTION TO DISMISS HIM BY REASON OF THE UNFAVOURABLE NATURE OF THE REPORT, EVEN IF THIS CALLS NOT FOR AN IMMEDIATE DISMISSAL BUT FOR AN EXTENSION OF THE PROBATIONARY PERIOD . IF THE COMMISSION DOES SO, THEREBY OBSERVING THE CODE OF GOOD ADMINISTRATION, IT CAN ALLOW A VERY BRIEF PERIOD FOR A REPLY WITHOUT THE DISMISSAL BEING VITIATED .
Parties
IN JOINED CASES NOS 10 AND 47/72
NUNZIO DI PILLO, FORMER PROBATIONER OF THE COMMISSION OF THE EUROPEAN COMMUNITIES, RESIDENT AT PIAZZA SAN ANDREA DELLA VALLE, 6, ROME, REPRESENTED BY MARCEL SLUSNY, ADVOCATE AT THE BRUSSELS COURT OF APPEAL, HAVING CHOSEN HIS ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ERNEST ARENDT, 34 B/IV, RUE PHILIPPE-II, APPLICANT
V
COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER, PIERRE LAMOUREUX, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ITS LEGAL ADVISER, EMILE REUTER, 4, BOULEVARD ROYAL, DEFENDANT,
Subject of the case
APPLICATION FOR ANNULMENT OF THE END OF PROBATION REPORT AND OF THE DECISION TO DISMISS THE APPLICANT AND FOR VARIOUS CLAIMS FOR COMPENSATION,
Grounds
1 THE APPLICATION ASKS FOR THE ANNULMENT OF THE END OF PROBATION REPORT ON THE APPLICANT, THE ANNULMENT OF THE DECISION OF 21 DECEMBER 1971, WHEREBY THE COMMISSION DISMISSED HIM AND COMPENSATION FOR THE LOSS ALLEGED TO HAVE BEEN INCURRED BY THE DISMISSAL .
COMPLAINT AS THE LATENESS OF THE END OF PROBATION REPORT
2 THE APPLICANT WAS APPOINTED A PROBATIONER ON 1