Avis juridique important

61988J0017

European Court reports 1989 Page 04249 Pub.RJ Page Pub somm

Summary

In consequence, in the case of a probationary official prevented from working because of illness, the appointing authority, which has a discretion, but no obligation, to extend the probationary period, may consider the probationary official's performance of his duties during a shorter period in order to assess his abilities if that period constitutes a sufficient basis of assessment for the reporting officer.

2.It is apparent from the second paragraph of Article 34(2) of the Staff Regulations that where a probationary official's abilities are the subject of an adverse interim report, of which there need be no prior warning to him, the appointing authority has a discretion to continue the probationary period or to dismiss the probationary official in accordance with the procedure provided for therein.

Parties

In Case C-17/88

Dimitrios Patrinos, a former probationary official of the Economic and Social Committee of the European Communities, residing in Athens, represented by M. and O. Slusny, of the Brussels Bar, with an address for service in Luxembourg at the Chambers of E. Arendt, 4 rue Marie-Thérèse,

applicant,

Economic and Social Committee of the European Communities, represented by D. Bruggeman, Legal Adviser, acting as Agent, assisted by D. Lagasse, of the Brussels Bar, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of the Legal Department of the Commission of the European Communities, Wagner Centre, Kirchberg,

defendant,

APPLICATION for the annulment of the decision dismissing the applicant at the end of his probationary period,

composed of: Sir Gordon Slynn, President of Chamber, R. Joliet and G. C. Rodríguez Iglesias, Judges,

(the grounds of the judgment are not reproduced)

hereby:

Operative part

(1) Dismisses the application;

(2) Orders the parties to bear their own costs.