Judgment of the Court (First Chamber) of 29 September 1983. - Hilde de Bruyn v European Parliament. - Probationary official - Dismissal. - Case 223/82.
European Court reports 1983 Page 02879
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 223/82
HILDE DE BRUYN , A FORMER PROBATIONARY OFFICIAL OF THE EUROPEAN PARLIAMENT , OF 32 RUE JEAN L ' AVEUGLE , LUXEMBOURG , REPRESENTED BY VICTOR BIEL OF THE LUXEMBOURG BAR , 18 A RUE DES GLACIS , WITH AN ADDRESS FOR SERVICE AT THE LATTER ' S CHAMBERS ,
APPLICANT ,
V
EUROPEAN PARLIAMENT , REPRESENTED BY MARTIN SCHMIDT , DIRECTOR OF PERSONNEL AND SOCIAL AFFAIRS , ACTING AS AGENT , ASSISTED BY ALEX BONN OF THE LUXEMBOURG BAR , 22 COTE D ' EICH , WITH AN ADDRESS FOR SERVICE AT THE LATTER ' S CHAMBERS ,
DEFENDANT ,
Subject of the case
APPLICATION PRIMARILY FOR THE ANNULMENT OF THE APPLICANT ' S REPORT MADE AT THE EXPIRY OF THE PROBATIONARY PERIOD AND OF HER DISMISSAL , AND FOR DAMAGES ,
Grounds
1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 23 AUGUST 1982 MISS DE BRUYN , A PROBATIONARY OFFICIAL OF THE EUROPEAN PARLIAMENT , BROUGHT AN ACTION FOR THE ANNULMENT OF HER PROBATIONARY REPORT AND OF THE DECISION DISMISSING HER ON THE BASIS OF THAT REPORT , FOR AN ORDER THAT SHE IS ENTITLED , ACCORDINGLY , TO HER SALARY , EMOLUMENTS AND ALLOWANCES FROM THE DATE OF HER DISMISSAL , 28 FEBRUARY 1982 , AND FOR THE PAYMENT OF DAMAGES FOR THE NON-MATERIAL HARM WHICH SHE HAS SUFFERED .
2 AS A RESULT OF OPEN COMPETITION NO PE/58/LA FOR THE RECRUITMENT OF DUTCH-LANGUAGE TRANSLATORS TO THE DIRECTORATE-GENERAL OF SESSIONAL AND GENERAL SERVICES AND BY DECISION OF THE SECRETARY-GENERAL OF THE EUROPEAN PARLIAMENT OF 30 MARCH 1981 , MISS DE BRUYN WAS APPOINTED A PROBATIONARY OFFICIAL IN GRADE LA 7 WITH EFFECT FROM 1 MARCH 1981 . IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 34 ( 1 ) OF THE STAFF REGULATIONS OF OFFICIALS , SHE WAS REQUIRED TO COMPLETE A PROBATIONARY PERIOD OF NINE MONTHS EXTENDING FROM 1 MARCH TO 30 NOVEMBER 1981 .
3 AN UNFAVOURABLE PROBATIONARY REPORT DATED 28 OCTOBER 1981 WAS TRANSMITTED TO THE APPLICANT , WHO SIGNED IT ON 4 NOVEMBER 1981 . AT THE SAME TIME SHE REFERRED TO COMMENTS WHICH SHE INTENDED TO SUBMIT AT A LATER DATE . IN THOSE COMMENTS , DATED 11 DECEMBER 1981 , THE APPLICANT REFUTED THE COMPLAINTS WHICH WERE DIRECTED AGAINST HER AND REQUESTED AN EXTENSION OF HER PROBATIONARY PERIOD ON THE GROUND THAT SHE HAD BEEN ABSENT ( ON SICK LEAVE ) AND HAD THUS BEEN UNABLE TO DEMONSTRATE HER PROFESSIONAL ABILITIES TO THE FULL .
4 THE SECRETARY-GENERAL OF THE PARLIAMENT INFORMED THE APPLICANT ON 9 FEBRUARY 1982 BY REGISTERED LETTER OF HIS DECISION