Avis juridique important

61998B0109

European Court reports 1999 Page II-03383 Page IA-00229 Page II-01167

Summary

Keywords

1 Officials - Actions - Time-limits - Mandatory - Conditions relating to time-limits may be examined by the Court of its own motion (Staff Regulations, Arts 90 and 91)

2 Procedure - Time-limits for bringing an action - Actions brought out of time - Application for legal aid - No effect on procedural time-limits (EC Statute of the Court of Justice, Art. 42, second para.)

Summary

1 The conditions governing the admissibility of an action, as laid down in Articles 90 and 91 of the Staff Regulations, in particular those relating to the time-limit for bringing an action, are a matter of public policy and the Community judicature may, therefore, examine them of its own motion.

2 Since the strict application of Community rules on procedural time-limits serves the requirement of legal certainty and the need to avoid any discrimination or arbitrary treatment in the administration of justice, there can be no derogation from the application of those rules unless there is a quite exceptional case of unforeseeable circumstances or force majeure as required by the second paragraph of Article 42 of the EC Statute of the Court of Justice.

It cannot therefore be accepted that the making of an application for legal aid, in itself and independently of the circumstances of the case, has the effect of extending or suspending the period prescribed for bringing the action.