Keywords
Summary

Keywords

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1. Officials ° Actions ° Act adversely affecting an official ° Definition ° Implied rejection of an application for promotion ° No direct and immediate effects on the legal situation of the person concerned ° Precluded

(Staff Regulations, Arts 90 and 91)

2. Officials ° Actions ° Interest in bringing proceedings ° Action for annulment brought against the appointment of another official ° Applicant not eligible for appointment ° Inadmissibility

(Staff Regulations, Arts 90 and 91)

3. Officials ° Actions ° Action for damages ° Pleas in law ° Unlawfulness of a decision of the appointing authority not contested in time ° Inadmissibility

(Staff Regulations, Arts 90 and 91)

4. Officials ° Actions ° Action for damages brought in the absence of a pre-litigation procedure in accordance with the Staff Regulations ° Inadmissibility

(Staff Regulations, Arts 90 and 91)

Summary

1. The implied rejection of an application for promotion made in completely general terms cannot be categorized as an act adversely affecting the person concerned in the absence of direct and immediate effects on his legal situation.

2. An official has no legitimate interest in contesting the appointment of another official to a post to which he could make no valid claim in accordance with the rules applicable in the institution concerned for filling posts of the type in question.

3. An official who failed to bring an action within the time-limit laid down by Articles 90 and 91 of the Staff Regulations for the annulment of an act allegedly adversely affecting him cannot repair that omission and procure himself further time for bringing proceedings by means of a claim for compensation for the injury caused by that act.

4. Under Articles 90 and 91 of the Staff Regulations, an action for damages in which compensation is sought for injury caused, not by a measure adversely affecting the applicant the annulment of which is sought, but by various wrongful acts and omissions allegedly committed by the administration, has to be preceded by a two-stage administrative procedure or it will be found inadmissible. It is imperative that that procedure should begin with the presentation of a request asking the appointing authority to make good the alleged injury and continue, if necessary, with the lodging of a complaint against the decision rejecting the request.