Judgment — ECLI:EU:T:2012:336
Date: 2012-07-03
Language of the case: Italian
Court formation: Appeals Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases;Action for damages;Appeal - successful

Summary Officials — Actions — Acts adversely affecting the applicant — Definition — No reply received to the request made — Implied decision rejecting the request (Staff Regulations, Art. 90) A letter by which the person concerned is informed that his request is under consideration does not entail acceptance of the request at issue, even if the letter in question indicates that the request will probably be accepted. In such circumstances, if no reply to the request has been received in the period prescribed by Article 90(1) of the Staff Regulations, this is deemed to constitute an implied decision rejecting it, against which a complaint may be lodged in accordance with Article 90(2) thereof. To adopt the view that the existence of such a letter precludes the implied rejection of a request would effectively deprive the person concerned of any remedy if the administration were to fail to take a view on the request at issue. Such an outcome would be contrary to both the spirit and the letter of Article 90 of the Staff Regulations. (see paras 21, 22)