Language of document :

Action brought on 1 January 2006 - Fernandez Ortis v Commission

(Case F-1/06)

Language of the case: Spanish


Applicant: Juan Miguel Fernandez Ortis (Madrid, Spain) (represented by: J. R. Iturriagagoitia Bassas, lawyer)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Court should:

declare that the dismissal of the applicant by decision of 17 June 2005 is unlawful, constituting an abuse of legal process, and accordingly annul that decision and the decision associated with it of 23 September 2005;

order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, a former official of the Commission, took up his duties on 1 February 2004, the date on which his nine-month probationary period began, in accordance with Article 34(1) of the Staff Regulations of officials of the European Communities.

A report of 4 October 2004 recommended his dismissal, but the Commission decided exceptionally to extend his probationary period until 30 April 2005 in accordance with Article 34(3) of the Staff Regulations. By decision of 17 June 2005 the Commission dismissed the applicant with effect from 1 July 2005.

In support of his application, the applicant claims that his dismissal is unlawful on the ground that he was dismissed 17 months after the commencement of his probationary period, which, under Article 34(4) of the Staff Regulations, may not exceed 15 months.