Keywords
Summary

Keywords

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1 . Officials - Reports procedure - Staff report - Drawing up - Delay - Unacceptable - Maladministration giving rise to non-material damage

( Staff Regulations, Art . 43 )

2 . Officials - Actions - Purpose - Directions to be issued by the Court to the administration - Inadmissible - Administration ordered to review an official' s administrative situation - Possible remedy where the administration has incurred liability - Admissible

( Staff Regulations, Art . 91 )

Summary

1 . A delay of three years in drawing up a staff report is not compatible with the principle of sound administration . Neither the absence of a director nor the reorganization of a department can justify such disregard of the time-limit laid down by the general implementing provisions adopted by the defendant institution regarding the preparation of staff reports .

Such a delay constitutes maladministration which causes non-material damage to the official concerned as a result of the uncertain and anxious state of mind in which he is placed by the fact that his personal file is irregular and incomplete .

2 . In an action for annulment, the Court cannot, without encroaching on the prerogatives of the administrative authority, order a Community institution to take the measures necessary for the enforcement of a judgment by which a decision is annulled .

On the other hand, a request by an official that the administration be ordered in general terms to review his administrative situation must be considered admissible in an action in which the Court enjoys unlimited jurisdiction provided that, without the discretion which must be available to the appointing authority thereby being affected, such a measure appears to be designed to ensure that any reparation of the damage allegedly suffered as a result of the late preparation of the staff report is appropriate .