Judgment of the Court (First Chamber) of 12 May 1977. - Margherita Hebrant (née Macevicius) v European Parliament. - Case 31-76.
European Court reports 1977 Page 00883
Greek special edition Page 00269
Portuguese special edition Page 00325
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
1 . OFFICIALS - APPEALS - PERIODIC REPORTS - ADMISSIBILITY
( STAFF REGULATIONS OF OFFICIALS , ARTICLE 91 )
2 . OFFICIALS - APPEALS - PERIOD FOR LODGING THEREOF - PERIODIC REPORTS - DATE OF SIGNATURE BY THE HEAD OF THE ADMINISTRATION - DATE ON WHICH THE PERIOD STARTS TO RUN
( STAFF REGULATIONS OF OFFICIALS , ARTICLE 91 )
Summary
1 . IT IS CLEAR THAT PERIODIC REPORTS GENERALLY CONSTITUTE A MORE OR LESS IMPORTANT FACTOR EACH TIME THE OFFICIAL CONCERNED IS CONSIDERED FOR ANY PROMOTION OR TAKES PART IN COMPETITIONS WITHIN THE MEANING OF ARTICLE 29 OF THE STAFF REGULATIONS . ALTHOUGH IT IS TRUE THAT THESE REPORTS ARE MADE UP OF ASSESSMENTS WHICH IT IS DIFFICULT FOR A COURT TO REVIEW , THIS FACT DOES NOT PREVENT THEIR ADOPTION FROM BEING INITIATED FOR IRREGULARITY OF FORM AND PROCEDURE OR PATENT ERROR AND MISUSE OF DISCRETIONARY POWER - DEFECTS CAPABLE OF MAKING THEM UNLAWFUL . THEREFORE AN APPLICATION LODGED AGAINST A PERIODIC REPORT IS ADMISSIBLE .
2 . A PERIODIC REPORT BECOMES DEFINITIVE ONLY ON THE DATE ON WHICH IT IS SIGNED BY THE HEAD OF THE ADMINISTRATION . ACCORDINGLY , THE FACT THAT THE APPLICANT , IN ACCORDANCE WITH THE PROCEDURE PRESCRIBED FOR THE DRAWING UP OF PERIODIC REPORTS , HAD KNOWLEDGE OF THE CONTENTS BEFORE THAT DATE IS NOT CAPABLE OF CAUSING THE PERIOD FOR LODGING AN APPEAL TO START TO RUN OR OF SHORTENING IT .
Parties
IN CASE 31/76
MARGHERITA HEBRANT ( NEE MACEVICIUS ), AN OFFICIAL OF THE EUROPEAN PARLIAMENT , RESIDING AT 6 , RUE LEANDRE LACROIX , LUXEMBOURG , REPRESENTED BY VICTOR BIEL , ADVOCATE OF THE LUXEMBOURG BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF MR BIEL , 18A RUE DES GLACIS ,
APPLICANT ,
V EUROPEAN PARLIAMENT , REPRESENTED BY ITS SECRETARY GENERAL , HANS ROBERT NORD , ACTING AS AGENT , ASSISTED BY ALEX BONN , ADVOCATE OF THE LUXEMBOURG BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF MR BONN , 22 , COTE D ' EICH ,
DEFENDANT ,
Subject of the case
APPLICATION PRINCIPALLY FOR THE ANNULMENT OF THE PERIODIC REPORT ON THE APPLICANT FOR THE PERIOD 1973 TO 1974 AND FOR AN ORDER THAT THE DEFENDANT PAY HER 1 FLUX BY WAY OF DAMAGES ,
Grounds
1 THE PRESENT APPLICATION , WHICH WAS LODGED ON 24 MARCH 1976 , IS PRINCIPALLY FOR THE ANNULMENT OF THE APPLICANT ' S PERIODIC REPORT , WHICH WAS DRAWN UP IN RESPECT OF THE PERIOD 1973/1974 AND FOR AN ORDER THAT THE DEFENDANT SHOULD PAY SYMBOLIC DAMAGES OF ONE LUXEMBOURG FRANC .
2 THE REPORT IN QUESTION , DATED