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Acton and Others v Commission: ECJ 18 Mar 1975

Europa 1. In the context of the right of action made available by article 91 of the staff regulations and in the case of a measure of a general nature designed to be implemented by means of a series of individual decisions affecting all or a large proportion of the officials of an institution, an official taken individually cannot be deprived of his right to invoke the illegality of that measure in order to attack the individual decision which alone allows him certain knowledge of the manner in which and the extent to which his individual interests are affected. 2. According to a principle recognized in the labour law of the member states, wages and other benefits pertaining to days on strike are not due to persons who have taken part in that strike. This principle is applicable to relations between the institutions of the communities and their officials. That statement in no way implies any decision in relation to the existence of an official’s right to strike or in relation to the detailed rules which may govern the exercise of such a right. An institution’s decision not to pay for days on strike cannot be invalidated by the fact that the other institutions have chosen not to take measures which they could lawfully have adopted.

Citations:

C-44/74

European

Updated: 10 April 2022; Ref: scu.132385

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