THE PROBATIONARY PERIOD , THE ADMINISTRATION MUST BE IN A POSITION TO DETERMINE , WITHOUT BEING BOUND BY THE ASSESSMENTS MADE AT THE TIME OF RECRUITMENT , WHETHER THE PROBATIONARY OFFICIAL DESERVES TO BE ESTABLISHED IN THE POST TO WHICH HE ASPIRES . THAT DECISION INVOLVES A COMPREHENSIVE ASSESSMENT OF THE QUALITIES AND CONDUCT OF THE PROBATIONARY OFFICIAL , TAKING ACCOUNT OF BOTH THE POSITIVE AND THE NEGATIVE FACTORS REVEALED IN THE COURSE OF THE PROBATIONARY PERIOD .
4.THERE IS A FUNDAMENTAL DIFFERENCE BETWEEN A DECISION NOT TO ESTABLISH A PROBATIONARY OFFICIAL AND DISMISSAL IN THE STRICT SENSE OF A PERSON WHO HAD BEEN APPOINTED AN ESTABLISHED OFFICIAL . WHILST IN THE LATTER CASE THE GROUNDS JUSTIFYING THE TERMINATION OF THE EMPLOYMENT OF AN ESTABLISHED OFFICIAL MUST BE EXAMINED IN DETAIL , IN DECISIONS ON THE ESTABLISHMENT OF PROBATIONARY OFFICIALS , IT IS NECESSARY TO EXAMINE WHETHER OR NOT THERE ARE A NUMBER OF POSITIVE CONSIDERATIONS SHOWING THAT ESTABLISHMENT OF THE PROBATIONARY OFFICIAL IS IN THE INTERESTS OF THE SERVICE .
Parties
IN CASE 290/82
DESIREE TREFOIS , A FORMER PROBATIONARY OFFICIAL AT THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES , RESIDING AT MUENSBACH ( LUXEMBOURG ), REPRESENTED BY GEORGES VANDERSANDEN OF THE BRUSSELS BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF JANINE BIVER , 2 RUE GOETHE ,
APPLICANT ,
V
COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES , REPRESENTED BY FRANCOIS-XAVIER ZWICKERT , DIRECTOR OF ADMINISTRATION , ASSISTED BY ALEX BONN OF THE LUXEMBOURG BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE LATTER ' S CHAMBERS , 22 COTE D ' EICH ,
DEFENDANT ,
Subject of the case
APPLICATION FOR THE ANNULMENT OF THE DECISION OF THE PRESIDENT OF THE COURT NOT TO ESTABLISH THE APPLICANT AT THE END OF HER PROBATIONARY PERIOD ,
Grounds
1 BY AN APPLICATION RECEIVED AT THE COURT REGISTRY ON 11 NOVEMBER 1982 , MRS DESIREE TREFOIS , A FORMER PROBATIONARY OFFICIAL AT THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES IN GRADE C 5 , BROUGHT AN ACTION FOR THE ANNULMENT OF THE DECISION OF 5 MAY 1982 TERMINATING HER PROBATIONARY PERIOD WITHOUT ESTABLISHING HER , THE PROBATION REPORT DRAWN UP PRIOR TO THAT DECISION AND THE DECISION OF THE PRESIDENT OF THE COURT OF 23 SEPTEMBER 1982 REJECTING HER COMPLAINT .
2 ACCORDING TO THE FILE , THE APPLICANT WAS FIRST RECRUITED AS AN AUXILIARY AGENT AND ASSIGNED TO THE TRANSLATION DIRECTORATE OF THE COURT OF JUSTICE ; SHE THEN ENTERED FOR INTERNAL COMPETITION NO CJ 38/80 BASED ON QUALIFICATIONS AND TESTS , FOR THE RECRUITMENT OF A CLERICAL ASSISTANT IN THE DOCUMENTATION AND LIBRARY DIRECTORATE ( LIBRARY DIVISION ) AND WAS PLACED FIRST ON THE LIST OF SUITABLE CANDIDATES . SUBSEQUENTLY , THE APPLICANT WAS APPOINTED A PROBATIONARY OFFICIAL IN THAT POST IN GRADE C 5 , WITH EFFECT FROM 1 AUGUST 1981 . IN FACT , SHE DID NOT ACTUALLY TAKE UP HER DUTIES UNTIL 1 OCTOBER 1981 .