OF THE STAFF REGULATIONS IS ONLY A TRANSITIONAL PROVISION OF THOSE REGULATIONS AND CONSEQUENTLY DOES NOT REQUIRE ANY GENERAL PROVISION FOR GIVING EFFECT THERETO WITHIN THE MEANING OF ARTICLE 110 OF THE SAID REGULATIONS .
Parties
IN CASE 87/63
JACQUELINE GEORGES, RESIDING AT AUDERGHEM ( BELGIUM ), ASSISTED BY ROLAND VAN LINT, ADVOCATE OF THE COUR D'APPEL, BRUSSELS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ERNEST ARENDT, ADVOCATE OF THE COUR SUPERIEURE DE JUSTICE OF THE GRAND DUCHY OF LUXEMBOURG, 6 RUE WILLY-GOERGEN, APPLICANT
V
COMMISSION OF THE EUROPEAN ATOMIC ENERGY COMMUNITY, REPRESENTED BY ITS LEGAL ADVISER, JAN GIJSSELS, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICES OF HENRI MANZANARES, SECRETARY OF THE LEGAL DEPARTMENT OF THE EUROPEAN EXECUTIVES, 2 PLACE DE METZ, DEFENDANT,
Subject of the case
APPLICATION :
( A ) PRINCIPALLY, FOR THE REVERSAL OF THE DECISIONS AGAINST INTEGRATION AND OF DISMISSAL CONTAINED IN THE LETTER SENT ON 3 JULY 1963 BY THE DEFENDANT TO THE APPLICANT, THE PAYMENT OF ARREARS OF REMUNERATION BECOMING DUE ON THE REINSTATEMENT OF THE APPLICANT AND THE PAYMENT OF COMPENSATION FOR NON-MATERIAL DAMAGE;
( B ) ALTERNATIVELY, FOR A DECISION THAT THE APPLICANT SHOULD UNDERGO A NEW INTEGRATION PROCEDURE, THE PAYMENT OF SALARY AND ADDITIONAL BENEFITS SINCE THE TERMINATION OF EMPLOYMENT AND THE PAYMENT OF COMPENSATION FOR NON-MATERIAL DAMAGE;
( C ) IN THE FURTHER ALTERNATIVE, FOR THE AWARD OF COMPENSATION FOR NON-MATERIAL AND MATERIAL DAMAGE AND FOR AN ORDER FOR THE DEFENDANT TO PAY 60000 FB . IN LIEU OF ADDITIONAL NOTICE, TOGETHER WITH INTEREST ON ALL THE AMOUNTS FOR WHICH JUDGMENT IS GIVEN AGAINST THE DEFENDANT;
Grounds
I - AS TO ADMISSIBILITY
THE DEFENDANT DOES NOT DISPUTE THE ADMISSIBILITY OF THE PRESENT APPLICATION . NO OBJECTION NEED BE RAISED IN THE PRESENT CASE BY THE COURT OF ITS OWN MOTION .
THE APPLICATION IS ADMISSIBLE .
II - ON THE SUBSTANCE OF THE CASE
A - CONCERNING THE GROUND OF COMPLAINT BASED UPON THE IRREGULARITY OF THE INTEGRATION PROCEDURE
THE APPLICANT ALLEGES, IN THE FIRST PLACE, THAT THE PRECISE FACTS ON WHICH THE UNFAVOURABLE OPINION OF THE ESTABLISHMENT BOARD IS BASED WERE ONLY COMMUNICATED TO HER ORALLY AT THE TIME OF HER APPEARANCE BEFORE THE SAID BOARD, SO THAT SHE COULD NOT EFFECTIVELY PUT FORWARD HER MEANS OF DEFENCE; THE ESTABLISHMENT BOARD, WHICH RELIED FURTHERMORE ON THE PERSONAL AND PURELY SUBJECTIVE APPRAISALS OF HER SUPERIORS, DID NOT TAKE THESE FACTS INTO ACCOUNT AND CONSEQUENTLY THE ESTABLISHMENT BOARD COULD NOT MAKE ITS DECISION WITH KNOWLEDGE OF THE FACTS, AS THE RIGHTS OF THE DEFENCE WERE NOT OBSERVED .
THE ARGUMENT OF THE APPLICANT ORIGINATES FROM CONFUSION BETWEEN DISCIPLINARY PROCEDURE AND INTEGRATION PROCEDURE .
INTEGRATION PROCEDURE DOES NOT HAVE THE CHARACTER OF A DISCIPLINARY PROCEDURE . THE ESTABLISHMENT BOARD REFERRED TO IN ARTICLE 102 OF THE STAFF REGULATIONS HAS THE TASK OF EVALUATING THE GENERAL CONDUCT OF THE PERSONS CONCERNED IN ORDER TO MAKE A VALUE JUDGMENT ON THEIR ABILITY TO CARRY