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Judgment No. 398

Decision

THE COMPLAINTS AND THE APPLICATIONS TO INTERVENE ARE DISMISSED.

Considerations 2-3

Extract:

The Staff Regulations provide for two means of redress: requests and complaints. The "request" in question showed the characteristics of a complaint. The prescribed time limit having obviously expired, the Director declared the complainant's application time-barred. When she filed a further complaint, it was proper for him to uphold his earlier decision.

Keywords

receivability of the complaint; internal appeal; internal remedies exhausted; time limit; time bar

Consideration 2

Extract:

Article 92 of the Eurocontrol Staff Regulations provides for the submission of a request or of a complaint. "A 'request' may be made only where a 'complaint' may not. [...] Any application challenging a decision must therefore be described and treated as a 'complaint', whatever it may be called [...]. By an application challenging a decision is meant any application for the quashing or amendment of a decision solely on the grounds of the facts underlying that decision."

Reference(s)

Organization rules reference: ARTICLE 92 EUROCONTROL STAFF REGULATIONS

Keywords

internal appeal; difference



 
Last updated: 31.08.2020 ^ top