CELEX: 61987CJ0331
Language: en
Date: 1989-12-12
Title: Judgment of the Court (First Chamber) of 12 December 1989. # Evagelos Adamou Exarchos v European Parliament. # Officials - Rejection of an application to take part in a competition. # Case C-331/87.

Avis juridique important

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61987J0331

Judgment of the Court (First Chamber) of 12 December 1989.  -  Evagelos Adamou Exarchos v European Parliament.  -  Officials - Rejection of an application to take part in a competition.  -  Case C-331/87.  

European Court reports 1989 Page 04185 Pub.RJ Page Pub somm

SummaryPartiesOperative part
Keywords

++++1.Officials - Actions - Time-limit - Date when time-limit begins to run - Notification - Concept - Onus of proof of notification  ( Staff Regulations of Officials, Art . 91(3 ) )  2.Officials - Recruitment - Application of Article 29(2 ) of the Staff Regulations - Duty to publish - None  ( Staff Regulations of Officials, Art . 29(2 ) )  

Summary

1.Although a decision is duly notified when it is communicated to its addressee and when the addressee is able to take note of it, the onus of proof of the date on which the decision was notified lies with the party which claims that an application is out of time ( see the judgment of 5 June 1980 in Case 108/79 Belfiore v Commission (( 1980 )) ECR 1769 ).  2 . Recruitment procedures based on Article 29(2 ) of the Staff Regulations, which authorize the appointing authority to adopt a procedure other than the competition procedure for the recruitment of Grade A 1 and A 2 officials and, in exceptional cases, also for recruitment to posts which require special qualifications, are not subject to any condition as to publication ( see the judgment of 29 October 1875 in Joined Cases 81 to 88/74 Marenco and Others v Commission (( 1975 )) ECR 1247 ).  

Parties

In Case C-331/87  Evangelos Adamou Exarchos, residing in Larissa ( Greece ), 14 Odos 31 Augoustou, represented by Thrassivoulos I . Kavassidis, of the Larissa Bar, with an address for service in Luxembourg at the Chambers of Catherine Thill, 17 boulevard Royal,  applicant,  v  European Parliament, represented by Francesco Pasetti Bombardella, Jurisconsult of the European Parliament, assisted by Manfred Peter, Head of Division, acting as Agents, with an address for service in Luxembourg at the European Parliament, Kirchberg,  defendant,  APPLICATION for the annulment of a procedure initiated to fill the post of Director of the Directorate-General for Personnel, the Budget and Finance of the European Parliament,  THE COURT ( First Chamber )  composed of : Sir Gordon Slynn, President of Chamber, R . Joliet and G . C . Rodríguez Iglesias, Judges,  ( the grounds of the judgment are not reproduced )  hereby :  

Operative part

( 1 ) Dismisses the application;  ( 2 ) Orders the parties to bear their own costs .