Order — ECLI:EU:F:2010:87
Date: 2010-07-09
Language of the case: Italian
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases

Summary Officials — Actions — Time-limits — Claim for compensation addressed to an institution — Duty to act within a reasonable time — Criteria for assessment (Statute of the Court of Justice, Art. 46; Staff Regulations, Art. 90) It is for officials or other staff to submit any request for compensation from the Union for damage allegedly attributable to the Union within a reasonable period from the time they became aware of the situation they complain of. The reasonableness of a period is to be appraised in the light of the circumstances specific to each case and, in particular, the importance of the case for the person concerned, its complexity and the conduct of the parties. Account must also be taken, in that respect, of the point of reference provided by the limitation period of five years laid down for actions in non-contractual liability by Article 46 of the Statute of the Court of Justiceeven though that period does not apply in disputes between the Union and its servants. If the persons concerned consider that they have suffered unlawful discrimination, they should make a request to the institution that it take steps to afford redress for that situation and bring it to an end within a reasonable period which should not exceed five years from the time they became aware of the situation they complain of. However, the period of five years cannot constitute a hard and fast limit below which any request would be admissible no matter how long the applicant had taken to address his request to the administration and regardless of the circumstances of the case. (see paras 32-35) See: 9/75 Meyer-Burckhardt v Commission [1975] ECR 1171, paras 7, 10 and 11 T-45/01 Sanders and Others v Commission [2004] ECR II‑3315, para. 62; T‑144/02 Eagle and Others v Commission [2004] ECR II‑3381, paras 60, 65 and 66 and the case-law cited therein, and para. 71; T-114/08 P Marcuccio v Commission [2009] ECR-SC I‑B‑1‑53 and II‑B‑1‑313, para. 28 F‑125/05 Tsarnavas v Commission [2007] ECR-SC I‑A‑1‑43 and II‑A‑1‑231, paras 71, 76 and 77