Europa 1. Officials – disputes with the administration – appeal through official channels made within the time-limit for appeal to the court – time-limit for appeal to the court retained – rejection of appeal through official channels – notification to applicant – date of notification constituting the date from which time runs in respect of the date from which time runs in respect of time-limit for lodging an appeal to the court (staff regulations of officials of the EAEC, articles 90, 91) 2. Officials – vocational competence – assessment by the administration – jurisdiction of the court – limits (staff regulations of officials of the EAEC, article 91) 3. Officials – promotion – list of those proposed for promotion – exclusion – no requirement to give reasons (staff regulations of officials of the EAEC, articles 25, 45) 4. Officials – disciplinary system – hearing of the person concerned through the intermediary of a senior official – permissibility (staff regulations of officials of the EAEC, article 87) 1. It appears from articles 90 and 91 of the staff regulations, read together, that appeals through official channels are subject to the same time-limit as applies to appeals to the court of justice, provided that they were themselves instituted within the time laid down for appeals to the court. In the case of a rejection of an appeal through official channels, the date on which the applicant becomes aware of this rejection constitutes the termination of the administrative procedure and marks the date from which time begins to run in respect of the time-limit for lodging an appeal to the court. 2. The court has no jurisdiction to substitute its own value judgment for the assessments of the local vocational competence of an official by the administration (cf. Para. 3, summary, joined cases 35/62 and 16/63, (1963) ECR 403). 3. Article 45 of the EAEC staff regulations does not require decisions regarding promotion to be reasoned in respect of candidates not promoted. A fortiori, there is no obligation to give reasons for proposals from an internal administrative body having only consultative powers. (Cf. Para. 3, summary, case 27/63, (1964) ECR 251). 4. In disciplinary matters the hearing of the person concerned may be entrusted to a senior official.
Citations:
C-27/64, [1965] EUECJ C-27/64
Links:
European
Updated: 20 May 2022; Ref: scu.131750