Judgments nº C-75/77 of Court of Justice of the European Communities, April 13, 1978

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Summary

1 . UNDER THE CONDITIONS REFERRED TO IN THE FOURTH SUBPARAGRAPH OF ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS THE STATEMENT OF REASONS ON WHICH AN IMPLIED DECISION REJECTING A COMPLAINT IS BASED IS NECESSARILY DEEMED TO BE THE SAME AS THE STATEMENT OR LACK OF STATEMENT OF REASONS FOR THE DECISION WHICH WAS THE SUBJECT OF THE UNANSWERED COMPLAINT , WITH THE RESULT THAT THE GROUNDS FOR EACH OF THEM MUST BE REVIEWED AT ONE AND THE SAME TIME .

2 . THE SUSPENSION , ON ACCOUNT OF PHYSICAL UNFITNESS , OF THE PROCEDURE FOR THE RECRUITMENT OF A CANDIDATE FOR ENGAGEMENT AS A MEMBER OF THE AUXILIARY STAFF WHO HAS SUCCESSFULLY TAKEN PART IN THE COMPETITIONS OR TESTS ORGANIZED FOR THE RECRUITMENT OF AUXILIARY STAFF CONSTITUTES A DECISION ADVERSELY AFFECTING HIM WITHIN THE MEANING OF ARTICLE 25 OF THE STAFF REGULATIONS OF OFFICIALS . IN CONSEQUENCE , THE REASONS FOR SUCH A DECISION MUST BE STATED , ALTHOUGH THE DUTY TO STATE THE REASONS MUST BE RECONCILED WITH THE REQUIREMENTS OF PROFESSIONAL SECRECY WHICH , SAVE IN EXCEPTIONAL CIRCUMSTANCES , LEAVE THE INDIVIDUAL DOCTOR TO DECIDE WHETHER TO COMMUNICATE TO THOSE WHOM HE IS TREATING OR EXAMINING THE NATURE OF THE CONDITION FROM WHICH THEY MAY BE SUFFERING . THAT RECONCILIATION IS EFFECTED THROUGH THE ABILITY OF THE PERSON CONCERNED TO REQUEST AND ENSURE THE COMMUNICATION TO A DOCTOR OF HIS CHOICE OF THE GROUNDS ON WHICH HE HAS BEEN DECLARED UNFIT ; THAT INFORMATION SHOULD ENABLE THE PERSON CONCERNED , EITHER HIMSELF OR THROUGH HIS DOCTOR , TO JUDGE WHETHER THE DECISION SUSPENDING THE RECRUITMENT PROCEDURE CONFORMS WITH THE REQUIREMENTS OF THE STAFF REGULATIONS .

3 . WHEN ANY ADMINISTRATIVE BODY ADOPTS A MEASURE WHICH IS LIABLE GRAVELY TO PREJUDICE THE INTERESTS OF AN INDIVIDUAL IT IS BOUND TO PUT HIM IN A POSITION TO EXPRESS HIS POINT OF VIEW .

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Extract

Judgments nº C-75/77 of Court of Justice of the European Communities, April 13, 1978

Subject of the case

APPLICATION FOR :

- THE ANNULMENT OF THE IMPLIED DECISION REJECTING THE APPLICANT ' S COMPLAINT THROUGH OFFICIAL CHANNELS OF 30 NOVEMBER 1976 RELATING TO THE REVOCATION OF THE DECISION THAT SHE WAS PHYSICALLY UNFIT CONTAINED IN A LETTER OF THE COMMISSION OF 14 SEPTEMBER 1976 ;

- COMPENSATION FOR THE MATERIAL AND NON-MATERIAL DAMAGE SUFFERED BY THE APPLICANT AS A RESULT OF THE FACT THAT THE ATTITUDE OF THE COMMISSION STILL LEAVES HER UNCERTAIN AS TO HER STAT...

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