EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 61973CJ0015
Tuomion tiivistelmä
Tuomion tiivistelmä
++++
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
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 .