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Fiddelaar v. Commission of the European Economic Community.
Published online by Cambridge University Press: 01 January 2021
Abstract
Court of Justice of the European Communities — Procedure — Pleadings — Reply — Additional submissions not contained in request — Admissibility of — Relevance of fact that submissions are made in appeal en pleine juridiction.
Court of Justice of European Communities — Costs — Apportionment of — Action by official against Community institution — Rules of Procedure, Articles 69 and 70.
International organization — International officials — European Economic Community — Contract of employment with — Public law nature of — Conditions governing employment before adoption of Statute of Service — Exclusive competence of Commission to decide upon official's grade — Claim for damages for loss of reputation due to faute de service by Commission — Security of employment — Whether Commission committed faute de service by fostering in employees hope of secure employment — Détournement de pouvoir — Whether constituted by dismissal allegedly for publication of article critical of Commission — Principle of good faith applicable to acts of authorities in administrative sphere — Consequence of applicability of this principle — Dismissal notice to be reasoned — Validity of reasons — Length of notice to be reasonable — Assessment of damages for breach of contract — Damages for non-physical suffering assessed ex aequo et bono.
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