Cesare Alfieri v Parliament: ECJ 14 Dec 1966

ECJ (Judgment) 1. Officials – retirement by institution – procedure – plurality of connected steps – application against the measure retiring an official – possibility of contesting the legality of earlier steps (staff regulations of officials of the ECSC, article 91; staff regulations of officials of the EEC and EAEC, article 53) 2. Officials – retirement by institution – written form obligatory (staff regulations of officials of the EEC and EAEC, article 53) 3. Officials – retirement by institution – obligation of the person concerned to co-operate – powers of the administration if the person concerned fails to act (staff regulations of officials of the ECSC, article 91; staff regulations of officials of the EEC and EAEC, article 53, annex ii, article 7) 1. Since the various steps comprising the procedure for retiring an official form a single entity, it must be accepted that in an action contesting the retirement decision, the applicant may contest the legality of earlier steps which are closely linked to it. A submission of inadmissibility on the ground that an appeal against these steps was out of time is therefore inadmissible. Cf. Para. 1, summary, joined cases 12 and 29/64, (1965) ECR 144. 2. A decision to retire an official must be made in writing. 3. The guarantees conferred by the staff regulations with regard to retiring an official must not be interpreted as meaning that it is possible for the person concerned to object to the formation of an invalidity committee, particularly by refusing to appoint a doctor of his own choice. It follows from the fundamental duty of loyalty and co-operation which all officials owe to the authority to which they belong that the power to appoint a doctor at the same time constitutes a duty. The administration has the power, if necessary, to remedy the failure of the person concerned to appoint a doctor in order to ensure the setting up and functioning of an invalidity committee, provided that any element of an arbitrary nature is avoided and that the official’s interests are not unnecessarily harmed.

Citations:

[1966] EUECJ C-3/66

Links:

Bailii

Jurisdiction:

European

Employment

Updated: 20 May 2022; Ref: scu.131821