203Application of the principle of proportionality in disciplinary matters comprises two aspects. First, it is for the appointing authority to choose the appropriate penalty where the truth of the matters alleged against the staff member is established, and it is not open to the Community judicature to criticise that choice unless the penalty imposed is disproportionate to the matters alleged against the person concerned. Second, the penalty to be imposed is to be determined on the basis of an overall assessment by the appointing authority of all the concrete facts and matters appertaining to each individual case, inasmuch as Articles 86 to 89 of the Staff Regulations of Officials of the European Communities, like the Conditions of Employment of the European Central Bank as regards its members of staff, do not specify any fixed relationship between the disciplinary measures listed by them and the various types of misconduct on the part of officials, and do not state the extent to which aggravating or mitigating circumstances are to be taken into account in the choice of penalty. Examination by the Community judicature is therefore limited to a consideration of the question whether the weight attached by the appointing authority to the aggravating or mitigating circumstances is proportionate, and it cannot substitute its own assessment for that of the appointing authority {Xv ECB, paragraph 221).
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