Keywords
Summary

Keywords

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1 . OFFICIALS - APPEALS - ACT ADVERSELY AFFECTING - NOTIFICATION - SALARY STATEMENT

( STAFF REGULATIONS, ARTICLE 90 )

2 . OFFICIALS - APPEALS - PROVISION OF THE STAFF REGULATIONS - NON-APPLICABILITY - FINDING BY THE COURT - NO RETROSPECTIVE EFFECT - TIME LIMIT - RE-OPENING - NON-ADMISSIBILITY

( STAFF REGULATIONS, ARTICLE 91 )

3 . COMMUNITY LAW - PROVISION - DUE REGARD TO PROCEDURAL AND FORMAL CONDITIONS - ILLEGALITY OF THE RULE IN QUESTION - DESCRIPTION AS 'NON-EXISTENT' - INADMISSIBILITY

Summary

1 . THE SENDING OF THE MONTHLY SALARY STATEMENT HAS THE EFFECT OF STARTING THE TIME FOR APPEAL RUNNING, WHERE IT CLEARLY SHOWS THE DECISION TAKEN AS REGARDS REMUNERATION .

2 . A JUDGMENT OF THE COURT FINDING NON-APPLICABILITY OF A PROVISION OF THE STAFF REGULATIONS CANNOT BE RELIED UPON TO RE-OPEN THE TIME FOR APPEAL BY PARTIES WHO OMITTED TO MAKE USE OF THE POSSIBILITIES OF APPEAL AFFORDED TO THEM BY THE STAFF REGULATIONS AND BY THE TREATY .

3 . A PROVISION ORIGINATING WITH THE COMPETENT AUTHORITY AND TAKEN WITH DUE REGARD TO THE PROCEDURAL AND FORMAL CONDITIONS LAID DOWN BY THE TREATIES CANNOT BE TERMED 'NON-EXISTENT', EVEN IF FOUND BY THE COURT TO HAVE BEEN ILLEGAL .