Judgment of the Court (Third Chamber) of 5 May 1983. - Kuno Ditterich v Commission of the European Communities. - Application for annulment of a periodic report - Application for damages - Alternative application for evidence to be given by witnesses. - Case 207/81.
European Court reports 1983 Page 01359
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
1 . OFFICIALS - ASSESSMENT - PERIODIC REPORTS - JUDICIAL REVIEW - LIMITS
( STAFF REGULATIONS , ART . 43 )
2 . OFFICIALS - ASSESSMENT - PERIODIC REPORTS - PURPOSE - PREPARATION - DUTY OF THE ADMINISTRATION - SLOWNESS IN PREPARATION - FAILURE TO PREPARE THE REPORT WITHIN A REASONABLE PERIOD - JUSTIFICATION NECESSARY
( STAFF REGULATIONS , ART . 43 )
3 . OFFICIALS - ASSESSMENT - PERIODIC REPORTS - PREPARATION - SLOWNESS IN PREPARATION - SERIOUS AND UNJUSTIFIED FAILURE TO PREPARE THE REPORT WITHIN A REASONABLE PERIOD - OMISSION ENTAILING LIABILITY OF THE ADMINISTRATION
( STAFF REGULATIONS , ART . 43 )
Summary
1 . PERIODIC REPORTS CONTAIN ASSESSMENTS WHICH CANNOT BE REVIEWED BY THE COURT SAVE IN ORDER TO IDENTIFY IRREGULARITIES OF FORM , MANIFEST FACTUAL ERROR OR MISUSE BY THE PERSONS INVOLVED IN THE DRAWING UP OF THE REPORTS OF THEIR POWER OF APPRAISAL .
AN ACTION BY AN OFFICIAL AGAINST A PERIODIC REPORT IN WHICH HIS SUBMISSIONS RELATE NOT TO MANIFEST ERRORS OF FACT SUSCEPTIBLE OF OBJECTIVE VERIFICATION OR TO EVALUATIONS OR ASSESSMENTS CAPABLE OF OBJECTIVE REVIEW BUT TO VALUE JUDGMENTS WHICH BY THEIR VERY NATURE AND PURPOSE CANNOT BE REVIEWED BY THE COURT MUST BE DISMISSED .
2.ARTICLE 43 OF THE STAFF REGULATIONS REQUIRES A PERIODIC REPORT TO BE MADE AT LEAST EVERY TWO YEARS ON EACH OFFICIAL ' S ABILITY , EFFICIENCY AND CONDUCT IN THE SERVICE .
THAT DOCUMENT MUST BE DRAWN UP IN ORDER TO ENSURE THE PROPER ADMINISTRATION AND RATIONALIZATION OF THE SERVICES OF THE COMMUNITY AND IN ORDER TO SAFEGUARD THE INTERESTS OF OFFICIALS . IT CONSTITUTES AN INDISPENSABLE BASIS OF ASSESSMENT EACH TIME AN OFFICIAL ' S CAREER IS TAKEN INTO CONSIDERATION BY THE ADMINISTRATION .
ONE OF THE DUTIES OF THE ADMINISTRATION IS THEREFORE TO ENSURE THAT THE REPORT IS MADE PERIODICALLY AT THE INTERVALS PRESCRIBED BY THE STAFF REGULATIONS AND THAT IT IS DRAWN UP IN A PROPER MANNER . THE ADMINISTRATION HAS A REASONABLE PERIOD AT ITS DISPOSAL IN WHICH TO DO THIS AND ANY FAILURE TO ACT WITHIN THAT PERIOD MUST BE JUSTIFIED BY THE EXISTENCE OF SPECIAL CIRCUMSTANCES .
3.WHERE THE ADMINISTRATION EXCEEDS BY FAR THE REASONABLE PERIOD WHICH IT HAS AT ITS DISPOSAL IN ORDER TO COMPLETE AN OFFICIAL ' S REPORT AND IS UNABLE TO PROVE THE EXISTENCE OF SPECIAL CIRCUMSTANCES OF SUCH A NATURE AS TO JUSTIFY THE DELAY , THAT OMISSION IS OF SUCH A NATURE AS TO ENTAIL LIABILITY ON THE PART OF THE ADMINISTRATION .
Parties
IN CASE 207/81
KUNO DITTERICH , REPRESENTED BY MARCEL SLUSNY , OF THE BRUSSELS BAR , WITH