WRITTEN QUESTION E-3856/97 by Carlos Robles Piquer (PPE) to the Commission (5 December 1997)

Subject: Possibility of appeal with regard to Commission decisions

Normally, Commission decisions notifying candidates whether or not they have been accepted for various competitions or programmes only contain at best explanations or justifications of various kinds.

Applicants for competitions or programmes are never told how they can appeal against decisions because of their discretional nature. Under national laws, however, in accordance with the relevant administrative provisions, applicants are informed of their right to appeal and given specific information on the relevant legal provisions.

Does the Commission intend to include in its replies to applications, whether positive or negative, explanations on appeal procedures available, so as to prevent any democratic deficit in this area?

Answer given by Mr Santer on behalf of the Commission (29 January 1998)

The Commission does not feel that it is necessary to specify the possibilities for appeal in the letters informing candidates for competitions or programmes of the decision taken on their applications. Whereas at national level there may be several types of administrative and judicial appeal, with different conditions, procedures and time limits, depending on the type of decision or the administrative body involved, which means that it is helpful to provide precise information about the remedies available, the system under Community law is clear and straightforward.

The principle of collective responsibility means that decisions of the Commission, whether taken by the Members of the Commission themselves, or on their behalf by one Member empowered to do so, or by an official or body (such as a selection board) to which powers have been delegated, are all, or all deemed to be, Commission decisions ((See Articles 1, 2 and 11 of the Commission's Rules of Procedure of 17 February 1993 (OJ L 230, 11.9.1993), amended by Commission Decision 95/148 of 8 March 1995 (OJ L 97, 29.4.1995). )).

Where this is not the case, for example in the decentralised procedure for handling requests for access to documents, letters refusing access will always state that an appeal may be made to the Secretary-General, who is empowered to take a decision on the Commission's behalf.

There is thus no possibility of administrative appeal, such as an appeal to the hierarchical superior or supervisory body, in the case of the decisions referred to in the written question, because these are Commission decisions, and as such subject only to judicial appeal.

The conditions for a judicial appeal are the same for all decisions: Article 173 of the EC Treaty gives everyone the right to appeal to the Court of Justice against Commission decisions addressed to them, within two months of that decision. Cases brought by private individuals are heard by the Court of First Instance. In addition, Article 179 of the EC Treaty gives the Court of Justice jurisdiction in any dispute between the Community and its servants within the limits and under the conditions laid down in the Staff Regulations. This provision also applies to candidates taking part in recruitment competitions. Article 92(2) of the Staff Regulations states that the appeal must be lodged within three months ((The Court has consistently held that the normal legal remedy against a decision by a selection board is a direct application to the Court, but if the person concerned has made a complaint to the appointing authority, the time-limit for bringing an action runs from the day of the express or implied reply to that complaint (Order of the Court of 8 November 1988, Case 264/88 M. Valle Fernandez v Commission of the European Communities [1988] ECR 6341, para. 11). )).