Judgment_paragraph 50 · BM v European Central Bank (ECB) (F-78/11)

50The applicant argues that the legal basis of the contested decision is flawed. In this connection, he maintains that the facts of his case are fundamentally different from those which gave rise to the judgment of 14 February 2007 in Case F‑1/06 Fernández Ortiz v Commission. First, the Staff Regulations of Officials of the European Union requires a decision of the appointing authority to establish an official after successful completion of the probationary period, whereas the ECB’s Staff Rules do not contain any provision to that effect. Consequently, the appointment of a member of staff is confirmed when the line manager informs the person concerned that he has successfully completed the probationary period. In the applicant’s case, this was done on 8 March 2011. Secondly, the Probationary Record Report indicates that the applicant’s performance was satisfactory, whereas in the case which gave rise to Fernández Ortiz v Commission, the performance was assessed as unsatisfactory. Thirdly, the aforementioned case concerned an official whereas the present case concerns a member of staff employed on a fixed term, fourteen-month non-convertible contract. It follows, the applicant also submits, that, since he did not receive, before the end of the probationary period, any decision, whether that be a decision to extend that period or even a decision to terminate his contract, he could legitimately believe that his appointment was confirmed.