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Document 61983CJ0176

Summary of the Judgment

Keywords
Summary

Keywords

1 . OFFICIALS - ACTIONS - MEASURE ADVERSELY AFFECTING AN OFFICIAL - CONCEPT - SALARY STATEMENT APPLYING THE RULES IN FORCE CONCERNING REMUNERATION

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

2 . OFFICIALS - ACTIONS - PURPOSE - ANNULMENT AND/OR DAMAGES

( EEC TREATY , ART . 179 ; STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

Summary

1 . A SALARY STATEMENT DRAWN UP BY AN INSTITUTION AND ISSUED TO AN OFFICIAL MAY CONSTITUTE A MEASURE ADVERSELY AFFECTING AN OFFICIAL AND MAY BE THE SUBJECT OF A COMPLAINT AND , IF NECESSARY , AN ACTION ; THE FACT THAT THE INSTITUTION CONCERNED IS ONLY APPLYING THE REGULATIONS IN FORCE CONCERNING REMUNERATION IS IRRELEVANT IN THAT RESPECT .

2 . ANY DISPUTE BETWEEN AN OFFICIAL AND THE INSTITUTION BY WHICH HE IS EMPLOYED IS PURSUED , WHERE IT ORIGINATES IN THE RELATIONSHIP OF EMPLOYMENT BETWEEN THE PERSON CONCERNED AND THE INSTITUTION , UNDER ARTICLE 179 OF THE EEC TREATY AND ARTICLES 90 AND 91 OF THE STAFF REGULATIONS . IT FOLLOWS THAT BOTH A CLAIM FOR ANNULMENT AND A CLAIM FOR DAMAGES MAY BE SUBMITTED , PROVIDED THAT THE CONDITIONS LAID DOWN BY THE STAFF REGULATIONS , IN PARTICULAR THE CONDITION THAT A FORMAL COMPLAINT MUST BE LODGED BEFOREHAND , ARE SATISFIED IN ALL CASES .

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