OF THE EUROPEAN COMMUNITIES AND A FORMER MEMBER OF THE LOCAL STAFF WHO WAS APPOINTED AS A PROBATIONARY OFFICIAL AND DISMISSED AT THE END OF HIS PROBATIONARY PERIOD .
3 IT IS APPARENT FROM THE FILE ON THE CASE , INCLUDING THE PERSONAL FILE OF THE PLAINTIFF IN THE MAIN ACTION , THAT HE WAS ENGAGED BY THE COMMISSION AS A MEMBER OF THE LOCAL STAFF IN BRUSSELS ON 19 AUGUST 1974 , INITIALLY FOR A PERIOD OF SIX MONTHS . UPON THE EXPIRY OF THAT PERIOD , THE ADMINISTRATION NOTIFIED THE PLAINTIFF THAT IT HAD DECIDED TO RENEW HIS CONTRACT FOR AN INDEFINITE PERIOD IN SPITE OF THE FACT THAT HIS PERFORMANCE WAS UNSATISFACTORY . IT ALSO GAVE WARNING THAT THERE WOULD HAVE TO BE A CONSIDERABLE IMPROVEMENT IN HIS WORK , FAILING WHICH THE ADMINISTRATION WOULD BE OBLIGED TO RECONSIDER HIS POSITION AND THE CONTINUANCE OF HIS ACTIVITIES IN THE SERVICE OF THE COMMISSION .
4 THE RENEWED CONTRACT OF EMPLOYMENT FOR AN INDEFINITE PERIOD WAS SIGNED ON 13 FEBRUARY 1975 BY BOTH PARTIES . THE SERVICE ASSESSMENTS IN RELATION TO THE PLAINTIFF DRAWN UP IN 1975 AND 1976 SHOW , ALBEIT WITH SOME RESERVATIONS , THAT HIS WORK WAS IN GENERAL SATISFACTORY .
5 AT THE TIME , THE PLAINTIFF PARTICIPATED SUCCESSFULLY IN AN INTERNAL COMPETITION ( COM/C/8/75 ) FOLLOWING WHICH HE WAS APPOINTED ON 7 JANUARY 1977 , WITH EFFECT FROM 1 JANUARY OF THE SAME YEAR , AS A PROBATIONARY OFFICIAL IN THE CAPACITY OF CLERICAL ASSISTANT IN GRADE C 5 AND ASSIGNED TO THE DIRECTORATE GENERAL FOR PERSONNEL AND ADMINISTRATION IN LUXEMBOURG . AN INTERNAL MEMORANDUM OF 7 FEBRUARY 1977 STATES THAT ' ' THE CONTRACT AS A MEMBER OF THE LOCAL STAFF UNDER WHICH MR HUGUES DESMEDT WAS EMPLOYED IN THE SERVICE OF THE COMMISSION IN BRUSSELS HAS BEEN TERMINATED WITH EFFECT FROM THE EVENING OF 31 DECEMBER 1976 ' ' . THAT MEMORANDUM WAS FORWARDED , INTER ALIA , TO THE DEPARTMENT IN WHICH THE PLAINTIFF WAS WORKING .
6 FOLLOWING AN UNFAVOURABLE ASSESSMENT IN THE REPORT DRAWN UP AT THE END OF THE PROBATIONARY PERIOD , THE APPOINTING AUTHORITY DECIDED ON 28 JUNE 1977 TO DISMISS THE PLAINTIFF WITH EFFECT FROM 1 JULY 1977 . IT APPEARS FROM THE FILE ON THE CASE THAT THE PLAINTIFF RECEIVED COMPENSATION FOR DISMISSAL , AS PROVIDED FOR IN THE FOURTH SUBPARAGRAPH OF ARTICLE 34 ( 2 ) OF THE STAFF REGULATIONS , WHICH IS THE EQUIVALENT OF TWO MONTHS ' BASIC SALARY IN THE CASE OF A PROBATIONARY OFFICIAL WHO HAS COMPLETED AT LEAST SIX MONTHS ' SERVICE . THE COMMISSION HAD ALSO , WITH THE INTENTION , AMONGST OTHER THINGS , OF ENABLING THE PLAINTIFF TO BECOME AFFILIATED ONCE AGAIN TO A NATIONAL SOCIAL SECURITY SCHEME , OFFERED HIM A CONTRACT , INVOLVING HIS BEING POSTED TO BRUSSELS , AS AN AUXILIARY SERVANT FOR A PERIOD STRICTLY LIMITED TO THREE MONTHS . HOWEVER , THAT OFFER WAS REJECTED BY THE PLAINTIFF .
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