Keywords
Summary

Keywords

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1 . Officials - Action directed against the decision rejecting the complaint - Admissibility

( Staff Regulations, Arts 90 and 91 )

2 . Officials - Promotion - Criteria - Merits - Seniority and age to be taken into account - As a subsidiary matter

( Staff Regulations, Art . 45(1 ) )

Summary

1 . It is clear from Articles 90 and 91 of the Staff Regulations that the action must be directed against an act adversely affecting the applicant, consisting either in a decision taken by the appointing authority or in the appointing authority' s failure to adopt a measure prescribed by the Staff Regulations, and that it is admissible only if

the official has previously submitted a complaint to the appointing authority and if the complaint has been rejected by express or implied decision .

The administrative complaint and its rejection, whether express or implied, thus constitute an integral part of a complex procedure . Under those circumstances, the action before the Court, even if formally directed against the rejection of the complaint, has the effect of bringing before the Court the act adversely affecting the applicant against which the complaint was submitted .

2 . According to Article 45(1 ) of the Staff Regulations, the assessment of the merits of officials constitutes the decisive criterion for the purposes of promotion, whereas the appointing authority may take into account the age of the candidates and their seniority in the grade or service only as a subsidiary matter .

Consequently, that provision precludes the application of a selection method based on arithmetical criteria whereby the number of marks which may be awarded for merit is less than one quarter of the total marks to be awarded to the candidates, and the remaining marks are awarded for seniority and age .