Opinion of the Advocate General — ECLI:EU:C:2000:105
Date: 2000-02-24
Language of the case: French
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Appeal - unfounded

Summary of the Judgment 
1. Appeals — Pleas in law — Admissibility — Points of law — Classification of a letter 
as a complaint within the meaning of Article 90(2) of the Staff Regulations — 
Inclusion 
(Staff Regulations, Art. 90(2)) 
2. Officials — Actions — Prior administrative complaint — Time-limits — Matter of 
public policy 
(Staff Regulations, Arts 90 and 91) 
I - 5019 
SUMMARY — CASE C-154/99 P 
3. Officials — Actions — Prior administrative complaint — Definitions — Classification 
a matter for the Court 
(Staff Regulations, Art. 90(2)) 
1. The classification of an act or a mea­
sure for legal purposes by the Court of 
First Instance, such as the question 
whether a letter is to be regarded as a 
complaint within the meaning of Arti­
cle 90(2) of the Staff Regulations, is a 
question of law which may be raised in 
an appeal. 
(see para. 11) 
2. The periods for lodging complaints and 
bringing actions referred to in Arti­
cles 90 and 91 of the Staff Regulations 
are matters of public policy and cannot 
be left to the discretion of the parties or 
the Court, which must ascertain, of its 
own motion if need be, whether they 
have been complied with. Those peri­
ods meet the requirement of legal 
certainty and the need to avoid any 
discrimination or arbitrary treatment 
in the administration of justice. 
(see para. 15) 
3. The precise legal classification of a 
letter or memorandum is a matter for 
the Court alone and not for the parties. 
An act whereby an official or servant 
specifically challenges an administra­
tive measure which adversely affects 
him constitutes a complaint for the 
purposes of Article 90(2) of the Staff 
Regulations. It is necessary, in that 
regard, to give priority to the content 
of the document rather than its form or 
title. 
(see paras 16-17) 
I - 5020