Giulio Pasetti-Bombardella v Commission of the European Communities supported by the Council of the European Communitiesl (Judgment): ECJ 2 Jul 1969

Europa 1. Officials – administrative measure adopted at the request of an official – illegality of the measure – remedy of the person concerned – admissibility 2. Officials – rationalization of departments following the merger treaty – scheme for removal of officials – such scheme cannot be equated with the other methods of termination of service provided for by the staff regulations – those methods may not be relied upon against the system specially provided for. 1. If a disputed measure contains a defect of such a nature as to render it illegal, it must be possible to make an application against it even though the measure is adopted at the request of the official concerned. 2. Regulation no 259/68 set up a system for the removal of officials which has no equivalent amongst the methods of leaving the service provided for in the staff regulations and which may be explained by the temporary and exceptional requirements which had to be met following the merging of the administrations. It is not permissible therefore to have recourse to those other methods of leaving the service to deduce rights therefrom.


C-20/68, [1969] EUECJ C-20/68




Updated: 20 May 2022; Ref: scu.131971