Judgment — ECLI:EU:F:2010:133
Date: 2010-10-28
Language of the case: French
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - inadmissible

Summary 1. Officials — Actions — Prior administrative complaint — Absence — Inadmissibility — Exceptions (Staff Regulations, Arts 90(2) and 91(2)) 2. European Personnel Selection Office (EPSO) — Powers conferred on the appointing authority under Article 90 of the Staff Regulations (Decision 2002/621 of the Secretaries-General of the European Parliament, the Council, the Commission, the Registrar of the Court of Justice, the Secretaries-General of the Court of Auditors, the Economic and Social Committee, the Committee of the Regions, and the Representative of the European Ombudsman, Art. 4(1)) 1. Under Article 91(2) of the Staff Regulations, an appeal before the Courts of the Union 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. Except where the action is directed against a measure not of the appointing authority itself, such as a decision of a selection board in a competition or a staff report, failure to lodge a prior complaint within the required time-limit renders the action inadmissible. (see paras 27-28) See: 317/85 Pomar v Commission [1987] ECR 2467, paras 11 and 13 T-133/89 Burban v Parliament [1990] ECR II‑245, para. 17; T-1/91 Della Pietra v Commission [1992] ECR II‑2145, para. 23 F-120/06 Dálnoky v Commission [2007] ECR-SC I‑A‑1‑269 and II‑A‑1‑1517, para. 35; F-106/05 T v Commission [2008] ECR-SC I‑A‑1‑419 and II‑A‑1‑2315, para. 84 2. It follows from Article 4(1) of Decision 2002/621 on the organisation and operation of the European Personnel Selection Office (EPSO) that the Head of the Office exercises the powers conferred on the appointing authority under Article 90 of the Staff Regulations in respect of all requests or complaints relating to the tasks of the Office, which may include, pursuant to a notice of competition, the organisation of the admission tests for all candidates and the marking of those tests. (see para. 44)