Съдебни решения

61973J0015 Judgment of the Court (Second Chamber) of 21 February 1974. – Roswitha Schots, née Kortner, and others v Council and Commission of the European Communities and the European Parliament. – Joined cases 15 to 33, 52, 53, 57 to 109, 116, 117, 123, 132 and 135 to 137-73. European Court reports 1974 Page 00177 Greek special edition Page 00107 Portuguese special edition Page 00111 Summary Parties Subject of the case Grounds Decision on costs Operative part Keywords ++++ 1 . OFFICIALS – APPEALS – ACT ADVERSELY AFFECTING – NOTIFICATION – SALARY STATEMENT ( STAFF REGULATIONS, ARTICLE 90 ) 2 . OFFICIALS – APPEALS – PROVISION OF THE STAFF REGULATIONS – NON-APPLICABILITY – FINDING BY THE COURT – NO RETROSPECTIVE EFFECT – TIME LIMIT – RE-OPENING – NON-ADMISSIBILITY ( STAFF REGULATIONS, ARTICLE 91 ) 3 . COMMUNITY LAW – PROVISION – DUE REGARD TO PROCEDURAL AND FORMAL CONDITIONS – ILLEGALITY OF THE RULE IN QUESTION – DESCRIPTION AS 'NON-EXISTENT' – INADMISSIBILITY Summary 1 . THE SENDING OF THE MONTHLY SALARY STATEMENT HAS THE EFFECT OF STARTING THE TIME FOR APPEAL RUNNING, WHERE IT CLEARLY SHOWS THE DECISION TAKEN AS REGARDS REMUNERATION . 2 . A JUDGMENT OF THE COURT FINDING NON-APPLICABILITY OF A PROVISION OF THE STAFF REGULATIONS CANNOT BE RELIED UPON TO RE-OPEN THE TIME FOR APPEAL BY PARTIES WHO OMITTED TO MAKE USE OF THE POSSIBILITIES OF APPEAL AFFORDED TO THEM BY THE STAFF REGULATIONS AND BY THE TREATY . 3 . A PROVISION ORIGINATING WITH THE COMPETENT ... Прочетете още