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Document 61992TJ0005

Abstrakt rozsudku

Keywords
Summary

Keywords

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1. Officials ° Obligation on the administration to provide assistance ° Scope

(Staff Regulations, Art. 24)

2. Officials ° Decision adversely affecting an official ° Obligation to state the reasons on which the decision is based ° Purpose

(Staff Regulations, Art. 25, second para.)

Summary

1. Although Article 24 of the Staff Regulations is devised primarily to protect Community officials against attacks by third parties, the duty to provide assistance laid down in that provision also exists in a case in which the perpetrator of the acts referred to by that provision is another official of the Communities.

When the administration is faced with an incident which is incompatible with the good order and tranquillity of the service, it must intervene with all the necessary vigour and respond with the rapidity and solicitude required by the circumstances of the case with a view to ascertaining the facts and, consequently, taking the appropriate action in full knowledge of the facts.

2. The requirement that a decision adversely affecting a person should state the reasons on which it is based is intended to enable the Community judicature to review the legality of the contested decision and to provide the person concerned with details sufficient to allow him to ascertain whether the decision is well founded or whether it is vitiated by an error which would allow its legality to be contested.

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