Europa 1. Officials – appeal against an internal administrative measure – inadmissibility (staff regulations of officials of the EAEC, article 91) 2. Community institutions – administrative departments – organizational power of superior authorities – duty to respect the rights of officials 3. Officials – duties carried out, grade and post – correspondence – possibility of an infringement of this principle by withdrawing one or more of the departments for which an official is responsible (staff regulations of officials of the EAEC, articles 5, 7) 4. Officials – disciplinary measures – observations addressed to an official by his superior – not a reprimand – nature of an internal administrative measure (staff regulations of officials of the EAEC, article 86) 1. Measures concerned exclusively with matters internal to the service and the way in which the administration is carried out are not measures which can be annulled under article 91 of the staff regulations of officials. Cf. Paragraph 3, summary, judgment in joined cases 109/63 and 13/64 (1964) ECR 663. 2. The higher authority alone is responsible for the organization of the departments, which it must be able to determine and modify according to the exigencies of the service, without prejudice to the rights which servants enjoy under their staff regulations and which they can ask the court to enforce. Cf. Paragraph 3, summary, judgment in joined cases 109/63 and 13/64 (1964) ECR 663. 3. In particular it is clear from articles 5 and 7 of the staff regulations that an official has the right to expect that the duties which are assigned to him should as a whole be in keeping with the post which corresponds to the grade which he occupies in the scale of posts; withdrawing from an official one or more of the departments for which he was previously responsible may in certain circumstances amount to an infringement of this right. Cf. Summary, judgment in case 15/65 (1965) ECR 1045. 4. Mere observations addressed to an official by his superior are not a disciplinary measure but an internal administrative measure which cannot be the subject of an appeal to the court.
Citations:
C-16/67, [1968] EUECJ C-16/67
Links:
European
Updated: 20 May 2022; Ref: scu.131846