ECJ (Judgment) Officials – Actions – Time-limits – Mandatory – Caused to run afresh by a judgment given by a court of a Member State – Not possible
(EC Treaty, Art. 179; Staff Regulations, Arts 90 and 91)
The time-limits prescribed in Articles 90 and 91 of the Staff Regulations for lodging complaints and bringing proceedings are a matter of public policy and are not subject to the discretion of the parties or the Court, since they were established in order to ensure that legal positions are clear and certain.
Consequently, Article 179 of the Treaty and Articles 90 and 91 of the Staff Regulations are to be interpreted as meaning that the periods which those provisions prescribe for challenging a decision of the appointing authority of one of the Community institutions cannot be caused to run afresh by a judgment given by a court of a Member State finding an act of that State unlawful, where the act in question may have influenced the institution’s decision which is to be challenged.
Citations:
C-246/95, [1997] EUECJ C-246/95
Links:
European
Updated: 03 June 2022; Ref: scu.161638