Order — ECLI:EU:F:2009:28
Date: 2009-03-31
Language of the case: Italian
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Reopening
Procedure: Staff cases

Summary Officials – Actions – Prior administrative complaint – Time-limits – Claim barred by lapse of time – Reopening – Condition – New fact (Staff Regulations, Arts 90 and 91) The possibility of submitting a request as provided for in Article 90(1) of the Staff Regulations does not allow an official to set aside the time-limits laid down in Articles 90 and 91 of the Staff Regulations for the lodging of a complaint and an appeal by indirectly calling in question, by means of a request, a previous decision which had not been challenged within the time-limits. It follows that only the existence of important new facts is capable of justifying the submission of a request for reconsideration of a decision which is no longer open to challenge. (see paras 39, 47) See: 232/85 Becker v Commission [1986] ECR 3401, para. 8