EUR-Lex & EU Commission AI-Powered Semantic Search Engine
Modern Legal
  • Query in any language with multilingual search
  • Access EUR-Lex and EU Commission case law
  • See relevant paragraphs highlighted instantly
Start free trial

Similar Documents

Explore similar documents to your case.

We Found Similar Cases for You

Sign up for free to view them and see the most relevant paragraphs highlighted.

Order of the Civil Service Tribunal (Second Chamber) of 10 July 2008. # Daniele Maniscalco v Commission of the European Communities. # Public service - Admissibility - Act adversely affecting an official. # Case F-141/07.

ECLI:EU:F:2008:99

62007FO0141

July 10, 2008
With Google you find a lot.
With us you find everything. Try it now!

I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!

Valentina R., lawyer

(Civil service – Members of the contract staff – Classification in grade – Contract as a member of the contract staff – Admissibility – Acts having an adverse effect – Observance of the time-limits laid down by the Staff Regulations)

Application: brought under Articles 236 EC and 152 EA, in which Mr Maniscalco seeks, essentially, annulment of the decision of the authority authorised to conclude contracts rejecting his complaint against the decision classifying him in Grade 13, step 1, in Function Group IV, as shown in his contract as a member of the contract staff.

Held: The action is dismissed as manifestly inadmissible. Each party is to bear its own costs.

Summary

(Staff Regulations, Arts 90(2) and 91; Conditions of Employment of Other Servants, Art. 117)

(Rules of Procedure of the Civil Service Tribunal, Art. 87(1))

1.A contract concluded between a staff member and an institution produces its effects and, therefore, is capable of adversely affecting the staff member from the date of its signature, provided that all the details of the contract are fixed, in particular the staff member’s grading. The period for lodging a complaint in due time against the decision grading a member of the contract staff as shown in his contract, in accordance with Article 90(2) of the Staff Regulations, which applies by analogy to members of the contract staff under Article 117 of the Conditions of Employment of Other Servants, must therefore be calculated from the date of signature. That finding is not invalidated by the argument that lodging a complaint before the end of the probationary period may lead to the termination of the contract at the end of that period. Taking such a consideration into account would conflict with the purpose of the time-limits prescribed by Articles 90 and 91 of the Staff Regulations for submitting complaints and bringing actions, which were established in order to ensure that legal positions are clear and certain, as well as the fact that those time-limits are a matter of public policy and are not subject to the discretion of the parties or the Court.

(see paras 20, 23, 25, 27)

See:

T-137/99 and T-18/00 Martínez Páramo and Others v Commission [2002] ECR-SC I‑A‑119 and II‑639, paras 54 and 56; T-406/03 Ravailhe v Committee of the Regions [2005] ECR-SC I‑A‑19 and II‑79, para. 57; T-455/04 Beyatli and Candan v Commission [2007] ECR-SC I-A-0000 and II-0000, para. 37

F-105/07 R bis v Commission [2008] ECR-SC I-A-0000 and II-0000, para. 43

2.Under Article 87(1) of the Rules of Procedure of the Civil Service Tribunal, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. An application made in those pleadings for an appropriate order as to costs cannot be regarded as an application for the unsuccessful party to be ordered to pay the costs.

(see paras 31, 33)

See:

C-30/91 P Lestelle v Commission [1992] ECR I‑3755, para. 38; C‑470/00 P Parliament v Ripa di Meana and Others [2004] ECR I‑4167, para. 86

EurLex Case Law

AI-Powered Case Law Search

Query in any language with multilingual search
Access EUR-Lex and EU Commission case law
See relevant paragraphs highlighted instantly

Get Instant Answers to Your Legal Questions

Cancel your subscription anytime, no questions asked.Start 14-Day Free Trial

At Modern Legal, we’re building the world’s best search engine for legal professionals. Access EU and global case law with AI-powered precision, saving you time and delivering relevant insights instantly.

Contact Us

Tivolska cesta 48, 1000 Ljubljana, Slovenia