Keywords

Summary



Keywords

1 . OFFICIALS - APPLICATION - ALTERATION OF INITIAL DECISION - PERIOD WITHIN WHICH AN APPLICATION MAY BE LODGED - POINT OF DEPARTURE

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES , ART . 91 )

2 . OFFICIALS - APPLICATION - CLAIM MADE SOLELY TO COVER THE EVENTUALITY OF THE ANNULMENT OF THE DISPUTED MEASURE - MENTION IN THE COMPLAINT - ABSENCE - PERMISSIBILITY

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES , ARTS . 90 AND 91 )

3 . OFFICIALS - SEPARATION ALLOWANCE LAID DOWN BY THE STAFF REGULATIONS OF OFFICIALS OF THE ECSC - CONDITIONS OF PAYMENT - PLACE OF RESIDENCE BEFORE ENTRY INTO THE SERVICE - CONCEPT

( STAFF REGULATIONS OF OFFICIALS OF THE ECSC , ART . 47 ; GENERAL REGULATIONS ADOPTED PURSUANT TO THE STAFF REGULATIONS , ART . 9 )

4 . OFFICIALS - PLACE OF ORIGIN - PLACE OF RESIDENCE BEFORE ENTRY INTO THE SERVICE - DIFFERENT CONCEPTS

( STAFF REGULATIONS OF OFFICIALS OF THE ECSC , ART . 47 ; GENERAL REGULATIONS ADOPTED PURSUANT TO THE STAFF REGULATIONS , ART . 9 ; STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES )

5 . ACT OF AN INSTITUTION - ILLEGAL DECISION - RETROACTIVE WITHDRAWAL - REVOCATION AS REGARDS THE FUTURE - CONDITIONS

6 . OFFICIALS - IRREGULAR GRANT OF ELEMENTS OF REMUNERATION - REVOCATION - VESTED RIGHTS - ABSENCE

7 . OFFICIALS - COMPLAINT - FORMAL CONDITIONS - LACK - OBLIGATION ON THE ADMINISTRATION - CONSULTATION WITH A LAWYER BY THE PERSON CONCERNED - ADMINISTRATION NOT LIABLE FOR LEGAL FEES

( STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES , ART . 90 ( 2 ))

8 . OFFICIALS - PROCEDURE - COSTS - COSTS VEXATIOUSLY CAUSED

( RULES OF PROCEDURE , SECOND SUBPARAGRAPH OF ART . 69 ( 3 ))

Summary

1 . WHERE THE INITIAL DECISION HAS BEEN ALTERED THE PERIOD WITHIN WHICH AN APPLICATION MUST BE LODGED MAY BE CALCULATED AS FROM THE DATE OF THAT ALTERATION .

2 . A CLAIM MADE SOLELY TO COVER THE EVENTUALITY OF THE CONTESTED MEASURE ' S BEING ANNULLED NEED NOT HAVE BEEN MENTIONED IN THE COMPLAINT .

3 . ARTICLE 47 OF THE STAFF REGULATIONS OF OFFICIALS OF THE ECSC REFERS TO SERVANTS WHO BEFORE TAKING UP THEIR DUTIES RESIDED CONTINUOUSLY FOR MORE THAN SIX MONTHS IN A PLACE MORE THAN 25 KILOMETRES FROM THE SEAT OF THE COMMUNITY . ACCORDINGLY , THE EXPRESSION ' ' PLACE WHERE THEY RESIDED BEFORE THEIR ENTRY INTO THE SERVICE ' ' CONTAINED IN ARTICLE 9 OF THE GENERAL REGULATIONS ADOPTED PURSUANT TO THE STAFF REGULATIONS MUST BE UNDERSTOOD TO REFER TO THE PLACE WHERE THE PERSON CONCERNED WAS LIVING PERMANENTLY AND WHERE HE WAS PREVIOUSLY EMPLOYED .

4 . THE CONCEPT OF THE ' ' PLACE OF ORIGIN ' ' IS DIFFERENT FROM THAT OF THE ' ' PLACE WHERE ( OFFICIALS ) RESIDED BEFORE THEIR ENTRY INTO THE SERVICE ' ' . THE ' ' PLACE OF ORIGIN ' ' IS A TERM OF ART THE FUNCTION OF WHICH IS TO INDICATE THE PLACE WHICH IS RELEVANT FOR DETERMINING THE ANNUAL OR BI-ANNUAL TRAVEL EXPENSES .

5 . THE RETROACTIVE WITHDRAWAL OF A WRONGFUL OR ERRONEOUS DECISION IS GENERALLY SUBJECT TO VERY STRICT CONDITIONS ; ON THE OTHER HAND , THE REVOCATION OF SUCH A DECISION AS REGARDS THE FUTURE IS ALWAYS POSSIBLE .

6 . UNDER THE LAW RELATING TO THE PUBLIC SERVICE THE IRREGULAR GRANT OR CONTINUED PAYMENT OF ELEMENTS OF REMUNERATION CANNOT CREATE VESTED RIGHTS SUCH AS TO PREVENT REVOCATION .

7 . NO FORM IS PRESCRIBED FOR COMPLAINTS THROUGH OFFICIAL CHANNELS WITHIN THE MEANING OF ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS ; THEY MUST BE INTERPRETED AND UNDERSTOOD BY THE ADMINISTRATION WITH ALL THE CARE THAT A LARGE AND WELL-EQUIPPED ORGANIZATION OWES TO THOSE HAVING DEALINGS WITH IT , INCLUDING MEMBERS OF ITS STAFF . ALTHOUGH IT IS NOT POSSIBLE TO PROHIBIT THE SEEKING OF LEGAL ADVICE BY THOSE CONCERNED EVEN AT THAT STAGE , IT IS THEIR OWN DECISION AND THE INSTITUTION CONCERNED CANNOT BE HELD LIABLE FOR THE CONSEQUENCES .

8 . THE CLAIM FOR REPARATION OF THE DAMAGE WHICH THE PERSON CONCERNED IS SAID TO HAVE SUFFERED BY HAVING TO CONSULT A LAWYER TO CLARIFY HIS LEGAL POSITION IN ORDER TO LODGE A COMPLAINT MAY BE REGARDED AS VEXATIOUS .