No C 225/6 Official  Journal  of the European  Communities 22.9.78 
II 
(Preparatory  Acts) 
COMMISSION 
Proposal  for  a Council  Regulation  (Euratom,  ECSC,  EEC)  amending  the  Staff 
Regulations  of officials  and Conditions  of Employment  of other  servants  of the European 
Communities  and  establishing  an Administrative  Tribunal  of the European  Communities 
(Presented  to the Council  by the Commission  on 4 August  1978) 
THE  COUNCIL  OF THE  EUROPEAN  COMMUNITIES, 
Having  regard  to the  Treaty  establishing  a single 
Council  and  a single  Commission  of the  European 
Communities,  and  in particular  Article  24 thereof, 
Having  regard  to the proposal  from  the Commission, 
made  after  consultation  with  the  Staff  Regulations 
Committee, 
Having  regard  to the  opinion  of the  European 
Parliament, 
Having  regard  to the opinion  of the Court  of Justice, 
Whereas  it is for the Council,  acting  by a qualified 
majority  on a proposal  from  the Commission  after 
consulting  the other  institutions  concerned,  to amend 
the Staff  Regulations  of officials  and  Conditions  of 
Employment  of other  servants  of the  European 
Communities  laid  down  by  Regulation  (EEC, 
Euratom,  ECSC)  No  259/68  (*), as last  amended  by 
Regulation  (Euratom,  ECSC,  EEC)  No  912/78  (2); 
Whereas  the  Council  is required  in particular,  by 
Article  179  of the EEC  Treaty  and  Article  152  of the 
Euratom  Treaty,  to determine  the limits  within  which 
and the conditions  under  which  the Court  of Justice 
is to have  jurisdiction  in disputes  between  the 
Communities  and  their  staff; Whereas  experience  has  shown  the need  to establish 
an Administrative  Tribunal  of  the  European 
Communities  having  jurisdiction  as provided  in this 
Regulation  to hear,  before  any  reference  is made  to 
the Court  of Justice,  any  dispute  between  the 
Communities  and  persons  to  whom  the  Staff 
Regulations  of  officials  and  Conditions  of 
Employment  of other  servants  of the  European 
Communities  apply;  whereas  the  Staff  Regulations 
and Conditions  of Employment  must  be amended 
accordingly; 
Whereas  this  Administrative  Tribunal  is established 
within  the  European  Communities  system  and  will 
act with  full  respect  for the provisions  of Community 
law governing,  inter  alia,  the  staff  of  the 
Communities;  whereas  the terms  upon  which  certain 
general  provisions  will  apply  to the  Administrative 
Tribunal  and  its members  must  be specified, 
HAS  ADOPTED  THIS  REGULATION: 
Article  1 
The Staff  Regulations  of officials  of the  European 
Communities  are amended  as follows: 
(») OJ No L 56, 4. 3. 1968,  p. 1. 
(:) OJ  No L 119,  3. 5.1978,  p. 1. 1. The  following  Article  is inserted  after  Article  10a: 
22. 9. 78 Official  Journal  of the European  Communities No C 225/7 
'Article  10b 
An Administrative  Tribunal  of the  European 
Communities  shall  be set up, having  jurisdiction  in 
disputes  between  the Communities  and  any  person 
to whom  these  Staff  Regulations  apply  as provided 
in Article  91. 
The organization  of the  Tribunal  and  rules 
applicable  to its  members  are  determined  by 
Annex  X. 
The Rules  of Procedure  of the  Tribunal  shall  be 
laid down  by  the  Court  of  Justice  on  a 
proposition  of the  Tribunal  and  shall  require  the 
approval  of the Council. 
The Tribunal  shall  itself  make  internal  rules 
governing  its mode  of operation.' 
2. The  first  paragraph  of Article  25 is rescinded. 
3. The  following  Article  is inserted  after  Article  25: 
'Article  25a 
Any person  to whom  these  Staff  Regulations  apply 
may submit  to the appointing  authority  a request 
that it take  a decision  relating  to him. 
The authority  shall  notify  the person  concerned  of 
its reasoned  decision  within  three  months  from  the 
date on which  the request  was  made. 
If at the end  of that  period  no reply  to the request 
has been  received,  an implied  decision  rejecting  it 
shall  be presumed  to have  been  taken;  a complaint 
in respect  thereof  may  be lodged  in accordance 
with  Article  90. 
A request  by an official  shall  be submitted  through 
his immediate  superior,  except  where  it concerns 
that person,  in which  case  it may  be submitted 
direct  to the authority  next  above.' 
4. The  provisions  at Title  VII  are  replaced  by the 
following: 
'TITLE  VII 
ADMINISTRATIVE  AND  JUDICIAL  APPEAL 
PROCEDURES 
CHAPTER  1 
Administrative  procedure 
Article  90 
1. Any  person  to whom  these  Staff  Regulations 
apply  may  submit  to the  appointing  authority  a 
complaint  against  an act adversely  affecting  him, either  where  the  said  authority  has  taken  a 
decision  or where  it has  failed  to adopt  a measure 
prescribed  by the Staff  Regulations. 
The complaint  must  be  lodged  within  three 
months.  The  period  shall  start  to run: 
— on the  date  of publication  of the  act if it is a 
measure  of a general  nature, 
— on the  date  of notification  of the  decision  to 
the person  concerned,  or on the date  on which 
he became  aware  of the decision,  whichever  is 
the earlier,  if the  measure  affects  a specified 
person;  if, however,  an act affecting  a specified 
person  also  adversely  affects  another  person, 
the period  shall  start  to run  in respect  of that 
other  person  on the date  on which  he becomes 
aware  of the act or on the date  of publication, 
whichever  is the earlier, 
— on the date  of expiry  of the  period  prescribed 
for reply  where  the  complaint  concerns  an 
implied  decision  rejecting  a request  as provided 
in Article  25a. 
The authority  shall  notify  the person  concerned  of 
its reasoned  decision  within  three  months  from  the 
date on which  the complaint  was  lodged.  If at the 
end of that  period  no reply  to the  complaint  has 
been  received,  an implied  decision  rejecting  it shall 
be presumed  to have  been  taken;  an  appeal 
against  such  decision  may  be  lodged  under 
Article  91. 
2. A  complaint  by an official  shall  be submitted 
through  his  immediate  superior,  except  where  it 
concerns  that  person,  in which  case  it may  be 
submitted  direct  to the authority  next  above. 
CHAPTER  2 
Judicial  procedure 
Article  91 
1. The  Administrative  Tribunal  shall  have 
jurisdiction  as tribunal  both  of first  and  of final 
instance  as to questions  of fact  and  as tribunal  of 
first instance  as to questions  of law  in any  dispute 
between  the  Communities  and  any  person  to 
whom  these  Staff  Regulations  apply  regarding  the 
legality  of an act adversely  affecting  such  person 
within  the meaning  of Article  90 (1).  In disputes  of 
a financial  character  the  Administrative  Tribunal 
shall  have  unlimited  jurisdiction. 
No C 225/8 Official  Journal  of the European  Communities 22.9.  78 
Notwithstanding  the  expiry  of the  limitation 
period  for the institution  of proceedings  before  the 
Court  of Justice  pursuant  to Articles  173  of the 
EEC  Treaty  and  146  of the  Euratom  Treaty 
against  the Regulations  of the  Council  or of the 
Commission  all  parties  may  in the  event  of 
litigation  submitted  to  the  Tribunal  and 
concerning  a Regulation  relating  to the rights  and 
obligations  of servants  of the Communities  seek  to 
establish  the illegality  of the  Regulation  with  the 
object  of establishing  it to be inapplicable  to the 
judgment  in question. 
Where  an action  pursuant  to Articles  173  of the 
EEC  Treaty  and  146  of the  Euratom  Treaty  is 
instituted  before  the Court  of Justice  against  such 
a Regulation  the Tribunal  will  defer  its judgment 
concerning  the applicability  of such  a Regulation 
with  the judgment  of the Court  is delivered  which 
it must  then  apply. 
2. An  appeal  to the Tribunal  shall  lie only  if: 
— the  appointing  authority  has  previously  had  a 
complaint  submitted  to it pursuant  to Article 
90 (1) within  the period  prescribed  therein,  and 
— the  complaint  has  been  rejected  by express  or 
implied  decision. 
3. Appeals  under  paragraph  2 shall  be filed 
within  three  months.  The  period  shall  start  to run: 
— on the  date  of notification  of the  decision 
taken  in response  to the complaint, 
— on the date  of expiry  of the period  prescribed 
for the  reply  where  the  appeal  is against  an 
implied  decision  rejecting  a complaint 
submitted  pursuant  to  Article  90  (1); 
nevertheless,  where  a complaint  is rejected  by 
express  decision  after  being  rejected  by implied 
decision  but  before  the period  for lodging  an 
appeal  has  expired,  the period  for lodging  the 
appeal  shall  start  to tun  afresh  on the date  of 
notification  of the  decision  to the  person 
concerned. 
4. By  way  of derogation  from  paragraph  2, the 
person  concerned  may,  after  submitting  a 
complaint  to the appointing  authority  pursuant  to 
Article  90 (1), immediately  file  an appeal  with  the 
Tribunal,  provided  that  such  appeal  is 
accompanied  by an application  either  for a stay  of 
execution  of the contested  act or for the adoption 
of interim  measures.  The  proceedings  in the 
principal  action  before  the Tribunal  shall  then  be 
suspended  until  such  time  as an express  or implied 
decision  rejecting  the complaint  is taken. 
5. Appeals  to the  Tribunal  shall  be filed  and 
pleaded  by  the  appellant  in person  or  the appellant  assisted  or represented  by a lawyer  or 
other  person  of his choice  or by an organization 
within  the  meaning  of Article  24a  of the  Staff 
Regulations  duly  authorized  to that  effect  within 
the conditions  laid  down  in the procedural  rules 
of the Tribunal. 
An institution  which  is a party  to the proceedings 
shall  be represented  by an agent  appointed  for the 
case;  the agent  may  be assisted  by an adviser  or 
lawyer  entitled  to practise  before  a court  of a 
Member  State. 
6. The  President  of the  Tribunal  or a judge 
designated  by him  may  at any  time  attempt  a 
conciliation  between  the  parties.  Appeals  under 
this Article  shall  be investigated  and,  where  the 
conciliation  fails,  heard  as provided  in the Rules  of 
Procedure  of the Tribunal. 
The Tribunal  shall  state  the reasons  on which  its 
judgment  is based. 
7. Proceedings  before  the Tribunal  shall  be free 
of charge.  The  Tribunal  shall  adjudicate  upon 
costs  as provided  in its Rules  of Procedure. 
8. Decisions  of the Tribunal  shall  be binding  on 
the parties  as soon  as they  are made  and  shall  be 
enforceable  in manner  provided  in Article  192  of 
the EEC  Treaty,  Article  164  of the  Euratom 
Treaty  and  Article  92 of the ECSC  Treaty. 
Article  91a 
1. The  Court  of Justice  of the  European 
Communities  shall  have  jurisdiction  to hear  any 
appeal  to have  a decision  of the  Administrative 
Tribunal  set aside  on grounds  of a substantial 
formal  defect,  for  violation  of the  Treaties 
establishing  the  European  Communities,  for 
violation  of these  Staff  Regulations  or of the 
Conditions  of Employment  of other  servants,  or 
for violation  of any  other  material  rule  or 
principle  of law. 
2. Appeals  under  paragraph  1 shall  be filed 
within  two  months  from  notification  of the 
decision  to the appellant;  appeals  filed  out of time 
shall  be inadmissible'. 
3. An  appeal  shall  have  no suspensory  effect. 
However,  the  Court  of Justice  may  at the 
appellant's  request  order  a stay  of execution  of 
22. 9. 78 Official  Journal  of the European  Communities No C 225/9 
the decision  made  in the  principal  action  or 
interim  measures  where  such  execution  is likely  to 
have  harmful  consequences  which  are difficult  to 
redress. 
4. Where  a decision  of the Tribunal  is set aside 
in whole  or in part  by the Court  of Justice,  the 
Court  may  either: 
— remit  the  case  to the  Tribunal,  which  shall 
then apply  the law  as found  by the Court  of 
Justice,  or 
— give  final  judgment  on the  merits;  in such 
event  the Court  of Justice  shall  have  unlimited 
jurisdiction  in disputes  of a financial  character. 
5. Appeals  under  this  Article  shall  be 
investigated  and  heard  as provided  in the Rules  of 
Procedure  of the Court  of Justice.' 
5. The  following  Annex  X is added  to the  Staff 
Regulations: 
ANNEX  X 
ORGANIZATION  OF THE  ADMINISTRATIVE 
TRIBUNAL  OF  THE  EUROPEAN  COMMU-
NITIES  AND  RULES  GOVERNING  ITS 
MEMBERS 
CHAPTER  I 
Organization  of the Administrative  Tribunal 
Section  1 
Membership  of the Tribunal 
Article  1 
1. The  Administrative  Tribunal  shall  consist  of: 
— a President  and  a Vice-President  selected  and 
appointed  by the Court  of Justice  from  a list of 
at least  four  names  presented  by the  judges 
appointed  as hereinafter  prescribed;  should  no 
such  list  be presented  within  two  months 
following  the appointment  of the  judges,  the 
Court  shall  select  and  appoint  the  President 
and Vice-President  directly;  the  same 
procedure  shall  apply  in the event  that  such  a 
list not  be presented  within  the  two  months 
following  the termination  of the  functions  of 
the President  or Vice-President, 
-— a judge  and  an alternate  judge  selected  and 
appointed  by the Court  of Justice  from  a list of at least  four  names  presented  by  the 
institutions  and  by other  bodies  treated  as such 
by virtue  of the second  paragraph  of Article  1 
of the Staff  Regulations,  with  the exception  of 
the Court  of Justice, 
— a judge  and  an alternate  judge  selected  and 
appointed  by the Court  of Justice  from  a list of 
at least  four  names  presented  by common 
agreement  between  the Staff  Committees  of all 
the institutions  and  like  bodies. 
To establish  and  publish  the lists  referred  to in the 
second  and  third  paragraphs  above  the institutions 
and like  bodies  on the  one  hand  and  the  Staff 
Committees  on  the  other  then  shall  have  a 
maximum  delay  period  of  four  months 
commencing  from  the date  of the request  which  is 
simultaneously  addressed  to them  by the President 
of the Court  of Justice. 
In the  event  of failure  to designate  one  of the 
judges  or  alternate  judges  in  the  manner 
prescribed  above,  the  Court  shall  make  the 
appointment  directly.  The  judge  thus  appointed 
shall  act in that  capacity  until  such  time  as an 
appointment  is made  in the  manner  prescribed 
above. 
2. If  the President  or one  of the judges  is unable 
to discharge  his  duties,  whether  temporarily  or 
permanently,  notably  by reason  of resignation, 
compulsory  resignation,  retirement  or death,  he 
shall  be replaced  by the  Vice-President  or the 
alternate  judge  appointed  with  him,  as the  case 
may be. If the  President  or one  of the  judges  is 
permanently  unable  to discharge  his  duties,  he 
shall  be replaced  by the  Vice-President  or the 
appropriate  alternate  judge  until  a new  President 
or judge  is appointed  as provided  in paragraph  1. 
Article  2 
1. The  President  and  the Vice-President  shall  be 
selected  from  persons  whose  independence  is 
beyond  doubt  and  who  are  jurisconsults  of 
recognized  competence,  particularly  in the field  of 
the rights  and  obligations  of public  servants;  such 
persons  shall  not be officials  or other  servants  of 
the Communities. 
2. The  judge  and  the  alternate  judge  to be 
appointed  by virtue  of the second  indent  of Article 
1 (1) shall  be selected  from  established  officials 
who are in active  employment,  have  legal  training 
and have  special  competence  in the  field  of the 
rights  and  obligations  arising  from  the  Staff 
Regulations. 
No C 225/10 Official  Journal  of the European  Communities 22. 9. 78 
Section  2 
Term  of office 
Article  3 
1. The  President  and  the Vice-President  shall  be 
appointed  for  six  years.  The  judges  and  the 
alternate  judges  shall  also  be appointed  for  six 
years,  except  that  the first  such  persons  appointed 
shall  hold  office  for three  years  only. 
The term  of office  of a judge  or alternate  judge 
appointed  late  as  provided  in  the  third 
subparagraph  of Article  1 (1) shall  not  extend 
beyond  the  normal  date  of expiry,  when  it shall 
end as if the  delay  in appointment  had  not 
occurred. 
2. The  President,  the Vice-President,  the judges 
and the  alternate  judges  shall  be eligible  for 
reappointment  in manner  provided  in Article  1 (1). 
Section  3 
Operation 
Article  4 
The Tribunal  shall  for  administrative  and 
budgetary  purposes  be attached  to the  Court  of 
Justice. 
Article  5 
The headquarters  of the  Tribunal  shall  be in 
Luxembourg.  The  Tribunal  may  nevertheless 
decide  to hear  cases  elsewhere  if the need  arises. 
Article  6 
The Tribunal  shall  be assisted  by an official 
appointed  by the  Court  of Justice  to act  as 
Registrar. CHAPTER  II 
Rules  governing  the members  of the 
Administrative  Tribunal 
Article  7 
The members  of the  Tribunal  shall  enjoy  full 
independence  in the discharge  of their  duties.  They 
shall  accept  no binding  orders.  During  their  term 
of office  they  shall  not  be answerable  to the 
superiors  to whom  they  were  answerable  in their 
original  institution.  No disciplinary  action  shall  be 
taken  against  them  in respect  of the  opinions 
which  they  express  in the discharge  of their  duties. 
The same  provisions  shall  apply  to  the 
Vice-President  and  alternate  judges  when  replacing 
the President  or one  of the judges. 
Article  8 
Before  taking  up their  duties  the members  of the 
Tribunal,  including  the  Vice-President  and  the 
alternate  judges,  and  the official  appointed  to act 
as Registrar  shall  take  before  the Court  of Justice 
an oath  to discharge  their  duties  impartially  and 
conscientiously  and  to preserve  the secrecy  of the 
deliberations  of the Tribunal. 
When  taking  up their  duties  the members  of the 
Tribunal,  including  the  Vice-President  and  the 
alternate  judges,  shall  give  a solemn  undertaking 
that,  both  during  and  after  their  term  of office, 
they will  respect  the obligations  arising  therefrom, 
in particular  the duty  to behave  with  integrity  and 
discretion  as regards  the  acceptance,  after  they 
have  ceased  to hold  office,  of certain  appointments 
or benefits. 
Any doubt  on  this  point  shall  be settled  by 
decision  of the Court  of Justice. 
Article  9 
The members  of the  Tribunal,  including  the 
Vice-President  and  the  alternate  judges  when 
replacing  a member,  may  not  engage  in any  other 
occupation  whatsoever,  unless  exemption  is 
exceptionally  granted  by the Court  of Justice. 
Article  10 
A member  of the  Tribunal,  or the Vice-President 
or an alternate  judge,  may  be deprived  of his 
22. 9. 78 Official  Journal  of the European  Communities No C 225/11 
office  only  if, in the  opinion  of the  Court  of 
Justice,  he no longer  fulfils  the obligations  arising 
from  his office  or satisfies  the requirements  for 
appointment. 
Article  11 
1. The  members  of the Tribunal,  including  the 
Vice-President  and  the  alternate  judges  when 
replacing  a member,  and  the official  appointed  to 
act as Registrar  shall  be immune  from  legal 
proceedings  in respect  of acts  performed  by them 
in their  official  capacity,  including  words  spoken 
or written.  They  shall  continue  to enjoy  such 
immunity  after  they  have  ceased  to hold  office. 
The Court,  after  hearing  the  person  concerned, 
may waive  the immunity. 
Where  immunity  has  been  waived  and  criminal 
proceedings  are instituted  against  a member  of the 
Tribunal  or the  official  appointed  to act  as 
Registrar,  the person  concerned  may  be tried  only 
by the  court  competent  to judge  members  of 
ordinary  courts  of first  instance  in the capital  city 
of a Member  State. 
2. Subject  to paragraph  1, Articles  12 to 15 of 
the Protocol  on the  Privileges  and  Immunities  of 
the European  Communities  shall  apply  to the 
President  and  the Vice-President  of the Tribunal. 
3. The  privileges,  immunities  and  facilities  thus 
conferred  are granted  solely  in the interest  of the 
Comunities. 
The Court  of Justice  shall  waive  immunity 
wherever  it considers  that  such  waiver  is not 
contrary  to the interests  of the Communities. 
Article  12 
1. The  judges  shall  for their  full  term  of office 
be seconded  in the interests  of the service  by their 
original  institution  to the  Court  of Justice,  and 
Article  38 of the  Staff  Regulations  shall  apply 
accordingly. 
2. An  alternate  judge  who  is called  upon  to 
replace  a judge  who  is unable  to discharge  his duties  for a foreseeable  period  of three  months  or 
more  shall  for  such  period  be seconded  in the 
interests  of the service  as provided  in paragraph  1. 
An alternate  judge  who  replaces  a judge  for less 
than three  months  shall  be granted  special  leave 
by his institution  for  the period  required  for the 
discharge  of his duties  on the Tribunal.  He shall 
then be entitled  to reimbursement  of any  travel 
and accommodation  costs  as provided  in Articles 
11 to 14 of Annex  VII  to the  Staff  Regulations. 
Article  13 
The Council,  acting  by a qualified  majority,  shall 
determine  the  emoluments  of members  of the 
Tribunal.' 
Article  2 
The Conditions  of Employment  of other  servants  of 
the European  Communities  are amended  as follows: 
1. In the first  paragraph  of Article  54, 'Article  11 to 
25' is replaced  by 'Article  11 to 25a'. 
2. In Article  83, 'Article  23 and  the second  paragraph 
of Article  25' is replaced  by 'Article  23, the second 
paragraph  of Article  25 and  Article  25a';  and  '90 
and 91' is replaced  by '90,  91 and  91a'. 
Article  3 
The jurisdiction  of the  Administrative  Tribunal 
established  by this  Regulation  may,  by a Regulation 
of the Council  on a proposition  of the Commission 
be extended  to disputes  between  its Staff  and  an 
organization  not being  an institution  or other  body  in 
the sense  of Articles  1 and  2 of the Staff  Regulations 
provided  that  such  disputes  are  within  the 
jurisdiction  of the Court  of Justice. 
Article  4 
This  Regulation  shall  enter  into  force  on the  day 
following  its publication  in the Official  Journal  of the 
European  Communities.  It shall  take  effect  on the date 
when  the  President  of the  Court  of Justice  declares 
No C 225/12 Official  Journal  of the European  Communities 22. 9. 78 
that the  Administrative  Tribunal  has  been 
constituted. 
The time  limits  set in Articles  90 and  91 of the Staff 
Regulations  as applying  before  the date  on which  this Regulation  takes  effect  shall  remain  applicable  to 
requests  and  complaints  lodged  before  that  date. 
This  Regulation  shall  be binding  in its entirety  and 
directly  applicable  in all Member  States.