Translation of "qualification légale des faits " (French → English) :

(c) the nature and legal classification of the offence;

(c) the nature and legal classification of the offence;

hold the diploma required by law to serve as an officer on the deck or in the engine department of a ship, obtained from a marine or nautical institution, providing evidence of a minimum of three years" experience as an officer at sea, or, alternatively, of one year at sea plus another two years" service with the competent authority of a Member State in a position as a trainee Flag State Surveyor, or hold or have held a valid STCW II/2 or III/2 certificate of competency;

the nature and legal classification of the offence;

As regards, in particular, Mrs Cresson’s claim that where the conduct complained of in criminal and disciplinary proceedings is the same, the findings of the criminal court are binding on the disciplinary authorities, the Court held that it is not bound by the legal characterisation of facts made in the context of the criminal proceedings and that it is for the ourt, exercising its discretion to the full, to investigate whether the conduct complained of in proceedings brought under Article 213(2) EC constitutes a breach of the obligations arising from the office of Commission ...[+++]er.

According to my information, yes, the facts are collected, there is an investigation and people are consulted, but the legal assessment of the facts is based on different tests.