This document is an excerpt from the EUR-Lex website
Document 61985CJ0401
Summary of the Judgment
Summary of the Judgment
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OFFICIALS - ACTIONS - ACTIONS FOR DAMAGES - PROCEDURAL FRAMEWORK - ARTICLE 179 OF THE EEC TREATY AND ARTICLES 90 AND 91 OF THE STAFF REGULATIONS OF OFFICIALS - SUBMISSIONS - UNLAWFULNESS OF A DECISION OF THE APPOINTING AUTHORITY NOT CONTESTED WITHIN THE PRESCRIBED TIME-LIMITS - INADMISSIBILITY
( EEC TREATY, ART . 179; STAFF REGULATIONS OF OFFICIALS, ARTS 90 AND 91 )
WHERE A DISPUTE BETWEEN AN OFFICIAL AND THE INSTITUTION BY WHICH HE IS OR WAS EMPLOYED CONCERNING COMPENSATION FOR DAMAGE ORIGINATES IN THE RELATIONSHIP OF EMPLOYMENT BETWEEN THAT PERSON AND THE INSTITUTION, IT FALLS UNDER ARTICLE 179 OF THE TREATY AND ARTICLES 90 AND 91 OF THE STAFF REGULATIONS AND ACCORDINGLY NOT UNDER ARTICLES 178 AND 215 OF THE TREATY . AN OFFICIAL WHO FAILS TO CONTEST IN DUE TIME A DECISION OF THE APPOINTING AUTHORITY AFFECTING HIM IS NOT PERMITTED TO RELY ON THE ALLEGED UNLAWFULNESS OF THAT DECISION IN AN ACTION FOR DAMAGES .