JUDGMENT OF 11. 7. 1968 — CASE 35/67 VAN EICK v COMMISSION

In Case 35/67

THE COURT (First Chamber) composed of: A. M. Dormer, President of Chamber, R. Monaco (Rapporteur) and J. Mertens de Wilmars, Judges, Advocate-General: K. Roemer Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Facts

II — Conclusions of the parties

III — Submissions and arguments of the parties

Admissibility

Substance

A — The application for annulment

1. Infringement of the second paragraph of Article 4 of Annex IX to the Staff Regulations of Officials

2. Infringement of Article 6 of Annex IX to the Staff Regulations

3. Infringement of the rights of the defence

4. Infringement of the third paragraph of Article 7 of Annex IX to the Staff Regulations

5. The allegation that the statement of reasons for the contested decision was incomplete or based on erroneous considerations

(a) The failure to return the periodic report

(b) The failure to consider extenuating circumstances

6. Erroneous nature of certain factual considerations referred to in the statement of reasons for the contested decision

7. Erroneous or incomplete nature of the opinion of the Disciplinary Board and of the contested decision

B — As regards the claims for damages

Grounds of judgment

Admissibility

Substance of the Case

A — Annulment of the opinion of the Disciplinary Board

B — Annulment of the decision to remove the applicant from his post

C — Payment of damages

Costs