Judgment of the Court (First Chamber) of 29 September 1983. - Chryssanti Papageorgopoulos v Economic and Social Committee. - Probationary official - Dismissal. - Case 277/82.
European Court reports 1983 Page 02897
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
OFFICIALS - RECRUITMENT - PROBATIONARY PERIOD - DISMISSAL
( STAFF REGULATIONS OF OFFICIALS , ART . 34 ( 2 ))
Parties
IN CASE 277/82
CHRYSSANTI PAPAGEORGOPOULOS , FORMERLY A PROBATIONARY OFFICIAL OF THE ECONOMIC AND SOCIAL COMMITTEE , RESIDING AT 215 E VENIZELOU , ILIOPOULIS , ATHENS , REPRESENTED BY VICTOR BIEL OF THE LUXEMBOURG BAR , 18 A RUE DES GLACIS , AND WITH AN ADDRESS FOR SERVICE AT HIS CHAMBERS ,
APPLICANT ,
V
ECONOMIC AND SOCIAL COMMITTEE , REPRESENTED BY MARIUS SIMOND , ACTING AS AGENT , ASSISTED BY YVETTE HAMILIUS OF THE LUXEMBOURG BAR , 11 BOULEVARD ROYAL , WITH AN ADDRESS FOR SERVICE AT HER CHAMBERS ,
DEFENDANT ,
Subject of the case
APPLICATION PRINCIPALLY FOR THE ANNULMENT OF THE APPLICANT ' S REPORT AT THE END OF HER PROBATIONARY PERIOD AND OF HER DISMISSAL , AND FOR DAMAGES ,
Grounds
1 BY AN APPLICATION LODGED AT THE COURT REGISTRY ON 15 OCTOBER 1982 MRS PAPAGEORGOPOULOS , A PROBATIONARY OFFICIAL OF THE ECONOMIC AND SOCIAL COMMITTEE , BROUGHT AN ACTION FOR THE ANNULMENT OF THE REPORT AT THE END OF HER PROBATIONARY PERIOD AND OF THE DECISION TO DISMISS HER ADOPTED ON THE BASIS THEREOF , AND ALSO FOR PAYMENT BY THE DEFENDANT OF HER SALARY AND EMOLUMENTS FROM 1 JANUARY 1982 TOGETHER WITH DAMAGES AND INTEREST THEREON IN COMPENSATION FOR NON-MATERIAL INJURY .
2 AS A RESULT OF AN OPEN COMPETITION FOR THE RECRUITMENT OF TYPISTS , THE APPLICANT WAS ENGAGED BY THE DEFENDANT ON 1 JULY 1981 AS A PROBATIONARY OFFICIAL .
3 THE REPORT AT THE END OF THE PROBATIONARY PERIOD WAS DRAWN UP ON 27 NOVEMBER 1981 AND COMMUNICATED TO THE APPLICANT ON 30 NOVEMBER . THE MENTION ' ' INSUFFICIENT ' ' APPEARED UNDER THE HEADING ' ' ABILITY ' ' WITH REGARD TO USE OF SKILLS IN CARRYING OUT DUTIES - ABILITY TO EXPRESS HERSELF IN WRITING , AND FOR VERSATILITY , AND UNDER THE HEADING ' ' EFFICIENCY ' ' FOR QUALITY AND EXECUTION OF WORK . UNDER THE HEADING ' ' GENERAL ASSESSMENT ' ' THE FOLLOWING REASONS WERE GIVEN FOR THE ' ' INSUFFICIENT ' ' RATINGS :
' ' ALTHOUGH MRS PAPAGEORGOPOULOS ' PROFESSIONAL AND TECHNICAL SKILLS MAY BE CONSIDERED TO BE SATISFACTORY , THERE ARE SERIOUS DEFICIENCIES IN HER KNOWLEDGE OF HER MOTHER TONGUE ( GREEK ) AS A RESULT OF WHICH HER WORK IS DEFINITELY INADEQUATE AS REGARDS BOTH QUALITY AND PERFORMANCE .
MOREOVER , THE OBSERVATIONS WHICH WERE PUT TO HER ON THAT SUBJECT REVEALED THAT SHE HAD THE GREATEST DIFFICULTY IN ACCEPTING THE AUTHORITY OF HER SUPERIORS , IN WORKING AS A MEMBER OF A TEAM AND THUS IN ADAPTING HERSELF TO THE WORKING METHODS OF THE