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Document 61989TJ0029

Summary of the Judgment

Keywords
Summary

Keywords

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1 . Officials - Actions - Time-limits - Absolute bar - Examination of Court' s own motion

( Staff Regulations, Art . 91 )

2 . Officials - Action - Periodic report - Prior administrative complaint - Optional

( Staff Regulations, Arts 90 and 91 )

3 . Officials - Assessment - Periodic report - Drawing up of report - Lateness - Delay partly attributable to the official

( Staff Regulations, Art . 43 )

Summary

1 . Since time-limits for bringing actions are mandatory and form an absolute bar, it is for the Court to examine, even of its own motion, whether they have been complied with .

2 . The making of a formal complaint, within the meaning of Article 90 of the Staff Regulations, is not a necessary pre-condition for the bringing of an action if the action concerns a periodic report . In the absence of a complaint, the period of three months for bringing an action laid down in Article 91(3 ) of the Staff Regulations begins to run from the day on which the periodic report that may be considered final was notified to the official concerned .

3 . An official cannot complain of delay in the drawing up of his periodic report and claim non-material damage in that regard if the delay was attributable to him, at least in part, or if he contributed considerably to the delay .

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