Keywords
Summary

Keywords

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1 . OFFICIALS - ACTIONS - PERIODS ALLOWED - TIME FROM WHICH PERIOD STARTS TO RUN - DATE OF NOTIFICATION OF THE DECISION ON A COMPLAINT MADE THROUGH OFFICIAL CHANNELS - COMPUTATION

( STAFF REGULATIONS, ART . 91 ( 3 ); RULES OF PROCEDURE, ARTS 80 ( 1 ) AND 81*(1 ) )

2 . PROCEDURE - TIME ALLOWED FOR COMMENCING PROCEEDINGS - BARRING OF PROCEEDINGS - UNFORESEEABLE CIRCUMSTANCES OR FORCE MAJEURE - LIMITS

( STATUTE OF THE COURT OF JUSTICE OF THE EEC, SECOND PARAGRAPH OF ARTICLE 42 )

Summary

1 . BY VIRTUE OF ARTICLES 89 ( 1 ) AND 81 ( 1 ) OF THE RULES OF PROCEDURE, THE THREE-MONTH PERIOD ALLOWED BY ARTICLE 91 ( 3 ) OF THE STAFF REGULATIONS FOR BRINGING AN ACTION AGAINST THE DECISION ADOPTED ON A COMPLAINT MADE THROUGH OFFICIAL CHANNELS DOES NOT BEGIN TO RUN, WHERE THAT DECISION IS NOTIFIED, UNTIL THE DAY FOLLOWING THE RECEIPT BY THE PERSON CONCERNED OF NOTIFICATION OF THE MEASURE IN QUESTION, REGARDLESS OF THE HOUR OF DAY WHEN THIS OCCURS; BEING EXPRESSED IN CALENDAR MONTHS, THE PERIOD EXPIRES AT THE END OF THE DAY WHICH, IN THE THIRD MONTH, BEARS THE SAME NUMBER AS THE DAY FROM WHICH TIME WAS SET RUNNING, THAT IS TO SAY THE DAY OF NOTIFICATION .

2 . THE STRICT APPLICATION OF COMMUNITY RULES ON PROCEDURAL TIME-LIMITS SERVES THE REQUIREMENT OF LEGAL CERTAINTY AND THE NEED TO AVOID ANY DISCRIMINATION OR ARBITRARY TREATMENT IN THE ADMINISTRATION OF JUSTICE . ACCORDINGLY, THERE CAN BE NO DEROGATION FROM THOSE RULES UNLESS THERE IS A QUITE EXCEPTIONAL CASE OF UNFORESEEABLE CIRCUMSTANCES OR FORCE MAJEURE, AS REQUIRED BY THE SECOND PARAGRAPH OF ARTICLE 42 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC .

THE FACT THAT AN OFFICIAL DID NOT HAVE AN OFFICIAL TEXT OF THE STAFF REGULATIONS AVAILABLE TO HIM IN HIS OWN LANGUAGE CANNOT CONSTITUTE A CASE OF UNFORESEEABLE CIRCUMSTANCES OR FORCE MAJEURE WHEN IT WAS AVAILABLE IN ALL THE OTHER OFFICIAL LANGUAGES OF THE COMMUNITY, AND THE OFFICIAL MUST HAVE HAD A SATISFACTORY KNOWLEDGE OF AT LEAST ONE OF THEM .