LENGTH OF THE PROBATIONARY PERIOD APPLICABLE WAS THREE MONTHS .
2 . THE APPLICANT MAINTAINS THAT THE DECISION OF DISMISSAL CONTAINS NO REASONS AND THAT, TAKING INTO ACCOUNT THE DEPARTMENTAL MEMORANDA BEARING ON HER PROBATION, ISSUED BY THE RESPONSIBLE AUTHORITIES OF THE ASSEMBLY, THIS DECISION APPEARS UNJUSTIFIED; ACCORDING TO THE APPLICANT, SUCH A CIRCUMSTANCE CONSTITUTES A BREACH OF CONTRACT BY THE DEFENDANT RENDERING IT LIABLE .
THE DEFENDANT, ON THE OTHER HAND, POINTS OUT THAT THE ADMINISTRATION'S ASSESSMENT IS PURELY DISCRETIONARY, AND THAT, BECAUSE OF THIS, IT IS NOT BOUND TO ASSIGN REASONS FOR A DECISION OF DISMISSAL MADE AT THE END OF THE PROBATIONARY PERIOD .
MOREOVER, IT IS MAINTAINED BY THE DEFENDANT THAT SUCH AN OBLIGATION WOULD ENTAIL AWKWARD CONSEQUENCES, NOT ONLY FOR THE ADMINISTRATION BUT ALSO FOR THE SERVANT, SINCE IT WOULD COMPEL THE FORMER, SHOULD THE OCCASION ARISE, TO STATE UNPLEASANT HOME TRUTHS WITH REGARD TO THE SERVANT .
AS WAS RECOGNIZED BY THE COURT IN JOINED CASES 43, 45 AND 48/59 AND IN CASE 44/59, THE ACTS OF AN AUTHORITY IN THE CONTRACTUAL AS WELL AS IN THE ADMINISTRATIVE FIELD ARE ALWAYS SUBJECT TO THE DICTATES OF PUBLIC INTEREST; CONSEQUENTLY EVERY DECISION OF DISMISSAL MUST BE BASED ON REASONS RELATED TO THE INTERESTS OF THE SERVICE AND MUST EXCLUDE ANYTHING OF AN ARBITRARY NATURE .
THIS REQUIREMENT EXISTS FROM THE MOMENT OF THE CREATION OF A LEGAL RELATIONSHIP BETWEEN THE ADMINISTRATION AND ITS SERVANTS .
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IN CONSEQUENCE, IT IS NOT NECESSARY IN THE PRESENT CASE TO SETTLE THE QUESTION WHETHER A DECISION OF DISMISSAL COMING AT THE END OF A PERIOD OF PROBATION OF A SERVANT RECRUITED UNDER THE BRUSSELS RULES SHOULD OR SHOULD NOT STATE THE REASONS UNDERLYING IT, BECAUSE THERE ARE GROUNDS FOR CONCLUDING THAT SUCH A DECISION MUST, IN ANY CASE, BE FOUNDED ON REASONS VALID IN LAW .
THE FIRST MONTHS CORRESPONDING TO A PERIOD OF PROBATION ARE INTENDED TO ALLOW THE PARTY CONCERNED TO SHOW HIS PROFICIENCY; AT THE END OF THIS PERIOD THE ADMINISTRATION MUST ASSESS THE ABILITY AND TEMPERAMENT OF THE PROBATIONER IN HIS DUTIES IN ORDER TO DETERMINE WHETHER HE SHOWS THE NECESSARY CAPABILITIES .
IN THE PRESENT CASE, THE DEFENDANT PRODUCED AT THE HEARING TWO DEPARTMENTAL MEMORANDA DATED 29 JUNE AND 3 JULY 1959 EMANATING RESPECTIVELY FROM MISS LILIANA MOGGIO, THE APPLICANT'S IMMEDIATE SUPERIOR, AND FROM MR EMILE NEUJEAN, DIRECTOR OF GENERAL SERVICES .
ON THE ONE HAND, THE MEMORANDUM FROM MISS MOGGIO EXPRESSES A FAVOURABLE OPINION OF THE PROBATION COMPLETED BY THE APPLICANT AND, ON THE OTHER HAND, MR NEUJEAN STATES THAT 'AN UNFAVOURABLE ASSESSMENT CANNOT BE GIVEN BY THE GENERAL SERVICE DEPARTMENT '. THE FIRST MEMORANDUM REFERS NOT ONLY TO THE ABILITY BUT ALSO TO THE TEMPERAMENT OF THE APPLICANT, REMARKING ON HER WILLINGNESS AND HER DESIRE TO MAKE HERSELF USEFUL - AS WELL AS ON HER 'VALUABLE CHARACTERISTICS FOR ESTABLISHING AND MAINTAINING THE BEST RELATIONS WITH COLLEAGUES '.
IN THESE CIRCUMSTANCES ONE CANNOT FAIL TO NOTE THAT THE SUM TOTAL