JUDGMENT OF 16.12.1960 — CASE 44/59 FIDDELAAR v COMMISSION

In Case 44/59

THE COURT composed of: A. M. Donner, President, Ch. L. Hammes, President of Chamber, O. Riese, L. Delvaux, Judges and R. Rossi (Judge-Rapporteur), Advocate-General: K. Roemer Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Conclusions of the parties

II — Facts

III — Submissions and arguments of the parties

1. Admissibility

2. Substance

Submission based on infringement of the rules of law applicable to the conditions of employment of the applicant

Submissions based on misuse of powers in respect of the applicant

Submission based on infringement of essential procedural requirements because of the absence of a statement of reasons

Wrongful act committed by the defendant

Submission based on infringement of the rules of Belgian law concerning the terms of contracts of service under private law

IV — Procedure

Grounds of judgment

Jurisdiction of the Court

Admissibility

Substance

Legal nature of the contract of employment

Existence of a right to security of tenure

Submission concerning misuse of powers

Statement of reasons for the decision of dismissal

Period of notice granted by the Commission

Costs

1 Judgment No II in In re Desgranges delivered on 12 August 1953.