Keywords
Summary

Keywords

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1. Appeal - Submissions - Procedural irregularity - Decision on the question whether adjudication upon an objection of inadmissibility should be reserved for final judgment - Discretion of the Court of First Instance - Rejection

2. Officials - Actions - Action brought by a successful candidate in an open competition challenging the decision not to offer him a post - Legal basis - Prior administrative complaint - No such complaint - Action inadmissible

(EEC Treaty, Art. 179; Staff Regulations of Officials, Arts 90 and 91)

Summary

1. It is for the Court of First Instance to decide whether or not the proper administration of justice justifies immediate adjudication upon an objection of inadmissibility raised by the defendant or postponement of such adjudication until final judgment. A submission challenging the decision taken by the Court of First Instance on this point must therefore be rejected in the examination of an appeal.

2. Articles 90 and 91 of the Staff Regulations apply not only to serving officials but also to candidates for a post. Consequently, an action brought by a successful candidate in an open competition contesting the decision not to offer him a post taken by the institution which organized that competition is governed by those two articles requiring the submission of a prior administrative complaint and thus by Article 179 of the Treaty.