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
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