ORDER OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL

(First Chamber)

16 December 2013

Case F‑30/13

Silvana Roda

v

European Commission

(Civil service — Survivor’s pension — Death of former spouse — Maintenance — Pre-litigation procedure — Requirement of a complaint — Out of time — Manifest inadmissibility)

Application:      under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof, in which Ms Roda seeks an order that the European Commission should pay her 35% of her late former husband’s retirement pension from the date of his death, together with interest on the arrears.

Held:      The action is dismissed as manifestly inadmissible. Ms Roda is to bear her own costs.

Summary

Actions brought by officials — Prior administrative complaint — Time-limits — Matter of public policy — To be considered of the Court’s own motion

(Staff Regulations, Art. 90(2))

The time-limit of three months for lodging a complaint against an act adversely affecting an official, laid down in Article 90(2) of the Staff Regulations is a matter of public policy and is not subject to the discretion of the parties or the EU Court, since it was established in order to ensure that legal positions are clear and certain and that there is legal certainty. It is therefore for the EU Court to verify, of its own motion, whether it has been complied with.

(see para. 13)

See:

7 September 2005, T‑358/03 Krahl v Commission, para. 35 and the case-law cited