Wollast nee Schmitz v EEC: ECJ 19 Mar 1964

ECJ Judgment – 1. An appeal to the court under article 91 of the staff regulations of officials of the EEC and EAEC must be brought against the institution to whom the person concerned is responsible. That institution is authorized to appear on behalf of the community.
2. As the procedure prescribed by article 90 of the staff regulations of officials of the eec and eaec and article 73 of the conditions of employment of other servants is a preliminary to an appeal to the court, it may be used in all cases in which the dispute is concerned specifically with the legality of the expulsion of a servant from the ranks of the staff.
3. The concept of a permanent post only covers the posts expressly prescribed as ‘permanent’, or described in a similar manner, in the budget of the community.

Citations:

C-18/63, [1964] EUECJ C-18/63

Links:

Bailii

European

Updated: 20 May 2022; Ref: scu.131680