In this newsletter we look at the termination of a contract of indefinite duration. The institution is not obliged to start disciplinary proceedings instead of choosing an Art. 47 (c) (i) CEOS termination of contract. However, in the recently decided court case, the Commission was not able to clearly establish the facts underlying the claimed destruction of trust in the work relationship towards the applicant. The proper establishment of facts is important if the institution wants to base its termination decision on it, but also in any disciplinary proceeding. So, the choice of a dismissal instead of disciplinary measures does not lower the institution’s duty to establish factual clarity.
