Order — ECLI:EU:F:2015:27
Date: 2015-03-25
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 — None — Inadmissibility (Staff Regulations, Arts 90(2) and 91(2); Conditions of Employment of Other Servants, Art. 117) Articles 90 and 91 of the Staff Regulations, applicable by analogy to members of the contract staff pursuant to Article 117 of the Conditions of Employment of Other Servants, make the admissibility of an action brought by an official or former official against the institution to which he belongs or belonged conditional on the proper observance of the preliminary administrative procedure. In particular, under Article 91(2) of the Staff Regulations, appeals against an act adversely affecting an official lie only if the appointing authority has previously had a complaint submitted to it pursuant to Article 90(2) of the Staff Regulations within the required time limit, and if that complaint has been rejected expressly or by implication. (see paras 10, 11)