Keywords
Summary

Keywords

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OFFICIALS - STAFF ASSOCIATIONS - CAPACITY AND ENTITLEMENT TO INSTITUTE PROCEEDINGS - LIMITS

( EEC TREATY, ARTICLE 173 AND 179; STATUTE OF THE COURT, ARTICLE 37; STAFF REGULATIONS, ARTICLE 24A, 90 AND 91 )

Summary

THE FREEDOM OF TRADE UNION ACTIVITY RECOGNIZED UNDER ARTICLE 24A OF THE STAFF REGULATIONS MEANS NOT ONLY THAT OFFICIALS AND SERVANTS HAVE THE RIGHT WITHOUT HINDRANCE TO FORM ASSOCIATIONS OF THEIR OWN CHOOSING, BUT ALSO THAT THESE ASSOCIATIONS ARE FREE TO DO ANYTHING LAWFUL, ESPECIALLY BY USING THE RIGHT OF ACTION, TO PROTECT THE INTERESTS OF THEIR MEMBERS AS EMPLOYEES .

THUS A STAFF ASSOCIATION WHICH FULFILS THE REQUIRED CONDITIONS IS ENTITLED, BY VIRTUE OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY, TO INSTITUTE PROCEEDINGS FOR ANNULMENT AGAINST A DECISION ADDRESSED TO IT AND, UNDER THE CONDITIONS SET OUT IN ARTICLE 37 OF THE STATUTE OF THE COURT, TO INTERVENE IN DISPUTES SUBMITTED TO THE COURT .

ON THE OTHER HAND A DIRECT ACTION BY A STAFF ASSOCIATION CANNOT BE ENTERTAINED UNDER THE PROCEDURE OF COMPLAINT AND APPEAL ESTABLISHED BY ARTICLES 90 AND 91 OF THE STAFF REGULATIONS .