Order — ECLI:EU:F:2007:143
Date: 2007-07-12
Language of the case: French
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Correspondence between the action and the complaint
Procedure: Staff cases - inadmissible

Summary Officials – Actions – Prior administrative complaint – Same subject-matter and legal basis (Staff Regulations, Arts 90 and 91) Under Article 91(2) of the Staff Regulations, an appeal is admissible only if the appointing authority has previously had a complaint submitted to it pursuant to Article 90(2) of the Staff Regulations against the act adversely affecting the official concerned within the period of three months provided for in that article. An appeal by an official against a decision of the administration fixing his pension rights is inadmissible where the prior complaint was lodged against a subsequent decision of the administration rejecting his application to contribute retroactively to the Community pension scheme. The appeal, in so far as it is directed against the first decision, was not preceded by a prior complaint with the same subject-matter and thus does not satisfy the requirement laid down in Article 91(2) of the Staff Regulations. Furthermore, even if the complaint, in so far as it relates to the administration’s calculation of the applicant’s pension rights, may be regarded as also calling into question the legality of the first decision and can therefore be deemed to have been lodged against that decision secondarily, it should have been submitted within the period laid down in the Staff Regulations. (see paras 18, 22-24)