Europa Officials – applications to the court – application directed against a regulation – absence of act adversely affecting the official -inadmissibility (EEC treaty, art. 173; staff regulations of officials, arts 90 and 91; council regulations nos 3085 and 3086/78 amending the staff regulations of officials) regulations nos 3085 and 3086/78 are of general application and hence officials may not claim that they constitute decisions which are of direct and individual concern to them in order to call their validity in question in proceedings under article 173 of the treaty. The mere submission of a complaint pursuant to article 90 of the staff regulations is not sufficient to create a judicial remedy against a measure which is in the nature of a regulation. The procedure provided for in article 90 (2) applies only where the appointing authority has taken a decision or has refrained from adopting a measure prescribed by the staff regulations and where such conduct constitutes an act adversely affecting the official.
Citations:
C-153/79, [1981] EUECJ C-153/79
Links:
European, Employment
Updated: 21 May 2022; Ref: scu.132921