Opinion of Mr advocate general Capotorti

Mr President,

Members of the Court,

1. The main problem which has to be solved for a decision to be given in this case concerns the content and the limits of the Communities' duty to assist officials under Article 24 of the Staff Regulations of Officials.

2. The first paragraph of Article 24 of the Staff Regulations provides: The Communities shall assist any official, in particular in proceedings against any person perpetrating threats, insulting or defamatory acts or utterances, or any attack to person or property to which he or a member of his family is subjected by reason of his position or duties.

3. Let us deal now with the case in point. Given the circumstances described at the beginning, must it be said that the Commission was under a duty to conduct an inquiry? And did the inquiry carried out in this case comply with the obligations under Article 24?

4. The applicant also complains that she was transferred to another post as part of a measure which, although in appearance a normal rotation of staff, was really a disciplinary measure related to the incident of 7 July 1976.

5. For these reasons, I conclude by proposing that the Court should dismiss the action brought by Mrs V. on 20 February 1978.

1 Translated from the Italian.