Keywords
Summary

Keywords

1 . OFFICIALS - APPLICATIONS TO THE COURT - ACT ADVERSELY AFFECTING AN OFFICIAL - STATEMENT OF PECUNIARY RIGHTS CONTAINED IN A DECISION PLACING AN OFFICIAL ON EARLY RETIREMENT

( STAFF REGULATIONS , ARTS 90 AND 91 )

2 . OFFICIALS - APPLICATIONS TO THE COURT - ACT WHICH IS MERELY CONFIRMATORY - TIME-LIMIT FOR APPLICATION NOT RENEWED

( STAFF REGULATIONS , ARTS 90 AND 91 )

3 . OFFICIALS - APPLICATIONS TO THE COURT - TIME-LIMITS - APPLICABILITY TO REQUESTS FOR RECALCULATION OF PENSION RIGHTS - CONDITIONS

( STAFF REGULATIONS , ARTS 90 AND 91 ; ANNEX VIII , ART . 41 , FIRST PARAGRAPH )

Summary

1 . A STATEMENT OF THE PECUNIARY RIGHTS OF AN OFFICIAL WHICH FORMS AN INTEGRAL PART OF A DECISION PLACING HIM ON EARLY RETIREMENT MAY BE CONSIDERED AS AN ACT ADVERSELY AFFECTING HIM .

2 . A MEASURE WHICH CONTAINS NO NEW FACTOR AS COMPARED WITH A PREVIOUS MEASURE CONSTITUTES A PURELY CONFIRMATORY MEASURE AND CANNOT THEREFORE HAVE THE EFFECT OF SETTING A FRESH TIME-LIMIT IN FAVOUR OF THE PERSON TO WHOM THE EARLIER MEASURE WAS ADDRESSED .

3 . ANY OFFICIAL WHO SEEKS TO HAVE HIS PENSION RECALCULATED WHERE THERE HAS BEEN ERROR OR OMISSION OF ANY KIND MAY , IT IS TRUE , AVAIL HIMSELF OF THE PROVISIONS OF THE FIRST PARAGRAPH OF ARTICLE 41 OF ANNEX VIII TO THE STAFF REGULATIONS BY REQUESTING SUCH A RECALCULATION BY MEANS OF A COMPLAINT AND , IF NECESSARY , BY WAY OF LEGAL PROCEEDINGS , BUT FOR HIS COMPLAINT AND HIS ACTION TO BE ADMITTED UNDER ARTICLES 90 AND 91 OF THE STAFF REGULATIONS HE MUST EXERCISE HIS RIGHT OF ACTION WITHIN THE PERIODS LAID DOWN BY THOSE ARTICLES , STARTING FROM THE TIME OF THE OCCURRENCE OF A NEW FACT SUCH AS TO JUSTIFY A RECALCULATION OF HIS PENSION OR FROM THE TIME WHEN HE ACTUALLY BECAME AWARE OF THE EXISTENCE OF SUCH A FACT .