Court of Justice 13 March 1980, 155/78 (M. v Commission of the European Communities.)

Also known as

The opinion of Advocate General Capotorti addresses the case of Miss M., who was declared physically unfit for duties as an official of the European Communities following a medical examination that identified a "neurosis of an hysterical nature." The Advocate General critiques the Commission's interpretation of Article 28 (e) of the Staff Regulations, asserting that mental health assessments are valid for determining fitness for duty, while also highlighting inconsistencies in the Commission's prior evaluations of Miss M.'s fitness. Ultimately, the Advocate General recommends annulling the Commission's decision, asserting that Miss M. retains a legitimate interest in pursuing her application despite her subsequent appointment to the European Parliament.AI