Keywords
Summary

Keywords

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Officials - Applications - Prior complaint through official channels - Uniformity of subject-matter and grounds - Submissions and arguments not included in the complaint but closely linked to it - Whether admissible

( Staff Regulations, Arts 90 and 91 )

Summary

Under the scheme of the Staff Regulations, the object of the pre-litigation procedure, which is commenced by the lodging of an official complaint, is to permit an amicable settlement of the differences which have arisen between officials or servants of the Communities and the administration . In order that such a procedure may fulfil its purpose, it is necessary for the appointing authority to be in a position to know in sufficient detail the criticisms made by those concerned of the contested decision .

At the stage of proceedings before the Court, an official may not submit conclusions having a subject-matter different from those raised in the complaint or put forward heads of claim based on matters other than those relied on in the complaint . The submissions and arguments made to the Court in support of those heads of claim need not necessarily appear in the complaint, but must be closely linked to it . In any event, at the pre-litigation stage the administration must not interpret the complaints restrictively but, on the contrary, must consider them with an open mind .