Order — ECLI:EU:F:2012:155
Date: 2012-11-16
Language of the case: Romanian
Court formation: Second Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - inadmissible

Summary Officials — Actions brought by officials — Decision of a selection board — Prior administrative complaint — Optional — Introduction — Consequences — Compliance with the procedural requirements applicable to a prior complaint (Staff Regulations, Arts 90 and 91) The legal remedy available regarding decisions of a competition selection board normally consists of a direct application to the European Union Courts. However, if the person concerned chooses, instead of referring the matter directly to the European Union Courts, to refer the question first to the administration by means of an administrative complaint, the admissibility of the action brought subsequently against the decision rejecting the complaint will depend on his compliance with all the procedural requirements applicable to the prior complaint. (see paras 18, 20) See: 31 May 2005, T‑294/03 Gibault v Commission, para. 22 23 November 2010, F‑50/08 Bartha v Commission, para. 25