ORDER OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL
(First Chamber)

12 December 2012

Case F‑117/12

AD

v

European Commission

(Civil service — Delay — Manifest inadmissibility)

Application: Action brought under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof, whereby AD seeks, first, annulment of the decisions of 4 November 2011 and 23 November 2011 of the European Commission refusing, respectively, to make payment for a possible return journey for his partner and to confer the status of a member of the staff of the delegation on his long-term unmarried partner and, second, an order that the Commission pay him damages for the non-material and material harm which he claims to have sustained, which is provisionally evaluated at one euro.

Held: The action is dismissed as manifestly inadmissible. The applicant is ordered to bear his own costs.

Summary

1.      Actions brought by officials — Time-limits — Mandatory — To be considered of the Tribunal’s own motion

(Staff Regulations, Arts 90 and 91)

1.      The periods for lodging complaints and bringing actions referred to in Articles 90 and 91 of the Staff Regulations are matters of public policy and cannot be left to the discretion of the parties or the Tribunal, which must ascertain, of its own motion if need be, whether they have been complied with.

(see para. 5)

See:

29 June 2000, C‑154/99 P Politi v European Training Foundation, para. 15

15 January 2009, T‑306/08 P Braun-Neumann v Parliament, para. 36

12 May 2010, T‑13/09 Peláez Jimeno v Parliament, para. 18; 17 March 2011, F‑107/10 AP v Court of Justice, para. 5