LL v European Parliament.
Date: 2018-02-21
25


In that regard, it should be recalled that the object of an administrative remedy, whether optional or not, is to enable and encourage the amicable settlement of differences arising between the person concerned and the administration in order to avoid litigation (see, by analogy, judgments of 23 January 1986, Rasmussen v Commission, 173/84, EU:C:1986:29, paragraph 12, and of 7 May 1986, Rihoux and Others v Commission, 52/85, EU:C:1986:199, paragraph 12 and the case-law cited), as the Advocate General noted in points 35 and 36 of his Opinion.
31


The Court of Justice is not in a position, at the present stage of the proceedings, to give judgment on the merits of the action brought before the General Court, which involves the consideration of questions of fact based on evidence which were not assessed before the General Court or argued before the Court of Justice (see, to that effect, judgment of 17 July 2008, Athinaïki Techniki v Commission, C‑521/06 P, EU:C:2008:422, paragraph 66).
32


By contrast, the Court of Justice does have the information necessary to give final judgment on the admissibility of that action against the decision at issue (judgment of 27 February 2014, Stichting Woonpunt and Others v Commission, C‑132/12 P, EU:C:2014:100, paragraph 66).
36


Moreover, it should be noted that the Court of Justice has previously held, in the context of the complaint procedure set out in Articles 90 and 91 of the Staff Regulations of Officials of the European Union, that an administrative complaint and its rejection, whether express or implied, constitute an integral part of a complex procedure. In those circumstances, the legal proceedings, even if formally directed against the rejection of the complaint, have the effect of bringing before the Court of Justice the act adversely affecting the person concerned, against which the complaint was submitted (judgment of 17 January 1989, Vainker v Parliament, 293/87, EU:C:1989:8, paragraphs 7 and 8).
37


Furthermore, the Court of Justice has held, concerning the Staff Regulations of Officials of the European Union, that the action is admissible whether it is directed against the initial decision alone, the decision rejecting the complaint or both, provided that the complaint and the appeal were lodged within the periods prescribed by Articles 90 and 91 thereof (judgments of 26 January 1989, Koutchoumoff v Commission, 224/87, EU:C:1989:38, paragraph 7, and of 10 March 1989, Del Plato v Commission, 126/87, EU:C:1989:115, paragraph 9).
38


However, in accordance with the principle of economy of procedure, the judicature may decide that it is not appropriate to rule specifically on the claims directed against the decision rejecting the complaint where it finds that those claims have no independent content and are, in reality, the same as those directed against the decision against which the complaint has been made (see, to that effect, judgment of 17 January 1989, Vainker v Parliament, 293/87, EU:C:1989:8, paragraphs 7 to 9).
48


With regard to the regularity of the notification of EU acts, the Court of Justice has already made it clear that a decision is properly notified, within the meaning of the sixth paragraph of Article 263 TFEU and the third subparagraph of Article 297(2) TFEU, provided that it is communicated to the person to whom it is addressed and the latter is put in a position to become acquainted with it (see, to that effect, judgment of 13 July 1989, Olbrechts v Commission, 58/88, EU:C:1989:323, paragraph 10, and order of 2 October 2014, Page Protective Services v EEAS, C‑501/13 P, not published, EU:C:2014:2259, paragraph 30 and the case-law cited).
49


It should also be noted that it is for the party seeking to rely upon the lateness of an application to demonstrate from what day the period for the filing of that application should run (see, to that effect, judgments of 5 June 1980, Belfiore v Commission, 108/79, EU:C:1980:146, paragraph 7, and of 17 July 2008, Athinaïki Techniki v Commission, C‑521/06 P, EU:C:2008:422, paragraph 70 and the case-law cited).