Order — ECLI:EU:F:2014:19
Date: 2014-02-12
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;Action for damages - inadmissible

Summary Actions brought by officials — Prior administrative complaint — Time-limits — Mandatory — Claim barred by lapse of time — Re-establishment of the right of action — Condition — New fact (Staff Regulations, Arts 90 and 91) An official or member of the temporary staff is not allowed to circumvent the time-limits laid down by Articles 90 and 91 of the Staff Regulations for lodging a complaint and an appeal by calling into question, by means of a request, a previous decision which has not been challenged within the period prescribed, since only the existence of material new facts may justify the submission of a request for a review of a decision which has become definitive. In the system for the settlement of disputes established by the Staff Regulations, a request for assistance submitted by an official under Article 24 of the Staff Regulations may in no case re-establish to his advantage a right of action which has already lapsed against a decision which has become definitive upon expiry of the time-limits referred to above. (see paras 26, 27) See: 22 September 1994, T‑495/93 Carrer and Others v Court of Justice, para. 21 10 September 2007, F‑146/06 Speiser v Parliament, para. 22