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Document 61988CJ0055

Shrnutí rozsudku

Keywords
Summary

Keywords

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1.Officials - Actions - Interest in bringing proceedings - Action seeking compensation for non-material damage - Admissibility

( Staff Regulations of Officials, Art . 91 )

2.Officials - Duty of assistance on the part of the administration - Scope

( Staff Regulations of Officials, Art . 24 )

Summary

1.An official has an interest in bringing proceedings where he does so in order to seek compensation for non-material damage resulting from the injury to his reputation arising from the fact that he may be regarded as having been the cause of a violent confrontation within a department and having behaved in a manner unworthy of an official .

2.The Community institutions' duty to protect officials under Article 24 of the Staff Regulations, which also covers attacks on those officials by other officials, only arises once the facts in question have been established .

Although the administration is required, when faced with an incident which is incompatible with the good order and tranquillity of the service, to intervene with all the necessary vigour so as to ascertain the facts and to take the appropriate action in full knowledge of the matter, it cannot take disciplinary action against an official unless the preliminary measures ordered establish with certainty that the official concerned has engaged in conduct detrimental to the proper functioning of the service or to the dignity and reputation of another official .

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