Keywords

Summary



Keywords

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1 . OFFICIALS - APPOINTING AUTHORITY ACTING IN THE NAME OF ITS INSTITUTION - MEASURES AFFECTING THE LEGAL POSITION OF OFFICIALS AND OTHER SERVANTS - ATTRIBUTABLE TO THE INSTITUTION

( STAFF REGULATIONS OF OFFICIALS OF THE EEC AND EAEC, ARTICLE 2 )

2 . OFFICIALS - APPEALS BY OFFICIALS - CITATION OF INSTITUTION FROM WHICH THE ACT ADVERSELY AFFECTING THE PERSON CONCERNED ORIGINATES

( STAFF REGULATIONS OF THE EEC AND EAEC, ARTICLE 91 )

3 . EUROPEAN COMMUNITIES - SEPARATE LEGAL PERSONALITY - COUNCILS OF MINISTERS - INSTITUTIONS LEGALLY SEPARATE

4 . OFFICIALS - CLASSIFICATION - TABLE OF DEFINITIONS OF DUTIES - IMPORTANT NEW FACTS CONCERNING DECISIONS PRIOR TO CLASSIFICATION - REQUEST FOR REVISION OF THOSE DECISIONS ON THE BASIS OF THAT TABLE - PERMISSIBILITY

( STAFF REGULATIONS OF OFFICIALS OF THE EEC AND EAEC, ARTICLES 5 AND 90 )

5 . OFFICIALS - APPEALS - TIME-LIMITS - EXTENSION OF TIME BY MEANS OF A COMPLAINT WITHIN THE MEANING OF ARTICLE 90 OF THE STAFF REGULATIONS OF OFFICIALS

( STAFF REGULATIONS OF OFFICIALS OF THE EEC AND EAEC, ARTICLE 91 )

6 . PROCEDURE - APPEAL MADE AGAINST A DECISION NOT YET ARRIVED AT - VALIDATION OF THIS APPEAL IN CASE OF A SUBSEQUENT MEASURE CONFIRMING THAT ATTITUDE

( STATUTES OF THE COURT EEC AND EAEC, ARTICLE 19 )

7 . PROCEDURE - CONCLUSIONS SPECIFYING THE SCOPE OF PREVIOUS CONCLUSIONS - CONDITIONS FOR ADMISSIBILITY - ABSENCE OF SUBSTANTIAL MODIFICATION

( RULES OF PROCEDURE, ARTICLE 38(2 ) ( SIC ))

Summary

1 . IT FOLLOWS FROM ARTICLE 2 OF THE STAFF REGULATIONS THAT THE APPOINTING AUTHORITY ACTS IN THE NAME OF THE INSTITUTION WHICH DESIGNATED IT, SO THAT ACTS CONCERNING THE LEGAL POSITION OF OFFICIALS AND WHICH MAY ADVERSELY EFFECT THEM MUST BE ATTRIBUTED TO THE INSTITUTION TO WHICH THEY ARE ATTACHED .

2 . UNLIKE APPEALS THROUGH OFFICIAL CHANNELS WHICH HAVE NO CONTENTIOUS ELEMENT WITHIN THE MEANING OF ARTICLE 90 OF THE STAFF REGULATIONS, APPEALS TO THE COURT PROVIDED FOR IN ARTICLE 91 OF THOSE REGULATIONS MUST BE BROUGHT AGAINST THE INSTITUTION FROM WHICH THE ACT HAVING AN ADVERSE EFFECT EMANATED .

3 . THE MERE FACT OF THE EXISTENCE OF A SINGLE SECRETARIAT CANNOT ESTABLISH THE LEGAL UNITY OF THE COUNCILS OF MINISTERS OF THE EUROPEAN COMMUNITIES, AS EACH OF THESE COMMUNITIES HAS A SEPARATE LEGAL PERSONALITY AND AS THE TREATIES DID NOT ESTABLISH THE COUNCILS AS A COMMON INSTITUTION .

4 . AS THE DEFINITIONS OF THE DUTIES AND POWERS ATTACHING TO EACH POST ARE CAPABLE OF CONSTITUTING AN IMPORTANT NEW FACT IN RESPECT OF PREVIOUS DECISIONS OF CLASSIFICATION, IT IS PERMISSIBLE FOR THE PERSON CONCERNED TO RELY ON THE SAID DEFINITIONS WHEN ASKING THAT THESE DECISIONS SHOULD BE REVISED .

5 . A REQUEST OR COMPLAINT PROVIDED FOR IN ARTICLE 90 OF THE STAFF REGULATIONS, ALTHOUGH CAPABLE OF BEING SUBMITTED AT ANY TIME, CANNOT NEVERTHELESS EXTEND THE PERIOD FOR LODGING AN APPEAL TO THE COURT UNLESS IT IS MADE WITHIN THE PERIOD LAID DOWN FOR THE LATTER .

6 . A PREMATURE APPEAL AGAINST A DECISION NOT YET ARRIVED AT MAY BE VALIDATED BY A DECISION ADOPTING THE ATTITUDE IN DISPUTE .

7 . CONCLUSIONS CLARIFYING THE SCOPE OF PREVIOUS CONCLUSIONS DO NOT HAVE THE CHARACTER OF A SUBSTANTIAL MODIFICATION .