This document is an excerpt from the EUR-Lex website
Document 61978CJ0124
Abstrakt rozsudku
Abstrakt rozsudku
1 . OFFICIALS - APPLICATIONS TO THE COURT - ACT ADVERSELY AFFECTING AN OFFICIAL - CONCEPT - INTERNAL ADMINISTRATIVE MEASURES - EXCLUSION - CONDITIONS - ABSENCE OF EFFECTS ON APPLICANT ' S RIGHTS UNDER THE STAFF REGULATIONS
( STAFF REGULATIONS , ART . 91 )
2 . OFFICIALS - DUTY OF THE ADMINISTRATION TO PROVIDE ASSISTANCE - PROTECTION REQUESTED BY AN OFFICIAL AGAINST THE ALLEGED MACHINATIONS OF OTHER OFFICIALS - UNSUCCESSFUL ATTEMPTS AT RECONCILIATION - ADOPTION OF APPROPRIATE INTERNAL ADMINISTRATIVE MEASURES - OBSERVANCE OF INDIVIDUAL ' S RIGHTS UNDER STAFF REGULATIONS - LEGALITY
( STAFF REGULATIONS , ART . 24 )
1 . AN INTERNAL ADMINISTRATIVE MEASURE DOES NOT CONSTITUTE A MEASURE WHICH MAY BE THE SUBJECT OF AN APPLICATION TO THE COURT UNDER ARTICLE 91 OF THE STAFF REGULATIONS IN SO FAR AS IT DOES NOT AFFECT THE RIGHTS UNDER ARTICLES 5 AND 7 OF THE STAFF REGULATIONS OF THE PERSON CONCERNED .
2 . THE ADMINISTRATIVE AUTHORITY IS NOT IN BREACH OF ITS DUTY TO PROVIDE ASSISTANCE UNDER THE FIRST PARAGRAPH OF ARTICLE 24 OF THE STAFF REGULATIONS IF , IN ANSWER TO A REQUEST BY AN OFFICIAL FOR PROTECTION AGAINST THE ALLEGED MACHINATIONS OF CERTAIN OF HIS COLLEAGUES , AND FINDING THAT ITS EFFORTS TO BRING ABOUT A RECONCILIATION ARE OF NO AVAIL , IT TAKES ALL THE APPROPRIATE STEPS TO MITIGATE THE DETERIORATION OF WORKING RELATIONSHIPS WITHIN THE SERVICE WITHOUT AFFECTING THE RIGHTS UNDER THE STAFF REGULATIONS OF THE PERSON CONCERNED .