Europa 1. Officials – rationalization of departments after the merger treaty – powers of the commission (regulation no 259/68 of the council, article 4) 2. Officials – decision adversely affecting – statement of reasons – scope (staff regulations of officials of the ECSC, article 25) 3. Officials – decisions concerning officials – review by the court – limits. 1. In conferring on the commission power to take measures, in particular pursuant to article 4 of regulation no 259/68, terminating the service of individuals consequent upon the rationalization and the reduction of staff, the council did not delegate legislative powers to the commission but entrusted it with the practical implementation of the rules which it laid down in that regulation within the limits of the jurisdiction conferred on it by the treaty. 2. The duty to state the reasons for a decision adversely affecting an official is fulfilled when the reasons on which the measure in question is based are shown clearly and unambiguously. The administration cannot be expected to go further and give particulars of its assessment of him in comparison with each of the other officials of equal rank who are not the subject of the same measure. 3. Although the court may not substitute its own valued judgment for that of the commission, it may nevertheless check whether the decision terminating an official’s service was taken having regard to the criteria laid down in article 4 of regulation no 259/68 and with the object of rationalizing its departments.
Citations:
C-27/68
European
Updated: 10 April 2022; Ref: scu.131977
