ECJ 1. Notification of the monthly salary statement has the effect of setting time running for the purpose of the time-limit for an action against an administrative decision where the existence of such a decision is clearly apparent from the statement.
This is the case where an official reinstated after the expiry of leave on personal grounds learns of the administration’ s decision as to his classification in step from his monthly salary statement when the decision reinstating him, which was notified to him, did not contain any information in that regard.
2. It is clear from Article 40(3 ) and the last sentence of Article 40(4)(d ) of the Staff Regulations that the classification of an official who is reinstated after the expiry of a period of leave on personal grounds is, in principle, the same as his classification at the time of the commencement of that leave, without the administration being under any obligation to take into consideration, when determining the official’ s classification in step, either the duration of the leave or the period between the expiry of that leave and the official’ s actual reinstatement.
Citations:
C-200/87, [1989] EUECJ C-200/87
Links:
European
Updated: 23 May 2022; Ref: scu.134659
