Keywords
Summary

Keywords

1 . OFFICIALS - APPLICATIONS TO THE COURT - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - SUBJECT-MATTER - ACT ADVERSELY AFFECTING THE OFFICIAL ON THE PART OF THE APPOINTING AUTHORITY

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

2 . OBJECTION OF ILLEGALITY - INCIDENTAL NATURE - NO RIGHT OF INDEPENDENT ACTION - INADMISSIBILITY OF THE OBJECTION

( EEC TREATY , ART . 184 )

3 . OFFICIALS - ACTION FOR ANNULMENT - ACTION FOR DAMAGES - CLOSE CONNECTION BETWEEN TWO ACTIONS - INADMISSIBILITY OF ACTION FOR ANNULMENT LEADING TO INADMISSIBILITY OF ACTION FOR DAMAGES

( EEC TREATY , ART . 179 )

Summary

1 . THE EFFECT OF ARTICLES 90 AND 91 OF THE STAFF REGULATIONS OF OFFICIALS IS THAT THE COMPLAINT THROUGH OFFICIAL CHANNELS AND THEREFORE THE APPLICATION TO THE COURT MAY ONLY BE DIRECTED AGAINST AN ACT ADVERSELY AFFECTING THE OFFICIAL ON THE PART OF THE APPOINTING AUTHORITY .

2 . THE POSSIBILITY PROVIDED BY ARTICLE 184 OF THE EEC TREATY OF INVOKING THE INAPPLICABILITY OF A REGULATION DOES NOT CONSTITUTE AN INDEPENDENT RIGHT OF ACTION AND MAY ONLY BE SOUGHT INCIDENTALLY . THEREFORE , IN THE ABSENCE OF SUCH AN INDEPENDENT RIGHT OF ACTION ARTICLE 184 MAY NOT BE INVOKED .

3 . WHERE AN OFFICIAL BRINGS PROCEEDINGS UNDER ARTICLE 179 OF THE EEC TREATY FOR THE ANNULMENT OF AN ACT OF AN INSTITUTION AND FOR THE AWARD OF COMPENSATION FOR THE DAMAGE HE HAS SUFFERED AS A RESULT OF THAT ACT , THE CLAIMS ARE SO CLOSELY CONNECTED THAT THE INADMISSIBILITY OF THE APPLICATION FOR ANNULMENT MUST ENTAIL THE INADMISSIBILITY OF THE CLAIM FOR COMPENSATION .