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Council Decision (EU) 2016/1351 TITLE VI — APPEALS

Article 168–Article 169 · 2 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Article 168

1.   Any person to whom these Staff Regulations apply may submit to the AACC a request that it takes a decision relating to him. The AACC shall notify the person concerned of its reasoned decision within four months from the date on which the request was made. If, at the end of that period, no reply to the request has been received, this shall be deemed to constitute an implied decision rejecting it, against which a complaint may be lodged in accordance with paragraph 2. 2.   Any person to whom these Staff Regulations apply may submit to the AACC a complaint against an act adversely affecting him, either where the said authority has taken a decision or where it has failed to adopt a measure prescribed by these Staff Regulations. The complaint must be lodged within three months. The period shall start to run: — on the date of publication of the act if it is a measure of a general nature, — on the date of notification of the decision to the person concerned, but in no case, later than the date on which the latter received such notification, if the measure affects a specified person; if, however, an act affecting a specified person also contains a complaint against another person, the period shall start to run in respect of that other person on the date on which he receives notification thereof but in no case later than the date of publication, — on the date of expiry of the period prescribed for reply where the complaint concerns an implied decision rejecting a request as provided for in paragraph 1. The AACC shall notify the person concerned of its reasoned decision within four months from the date on which the complaint was lodged. If, at the end of that period, no reply to the complaint has been received, this shall be deemed to constitute an implied decision rejecting it, against which an appeal may be lodged under Article 170.

Article 169

1.   The Court of Justice of the European Union shall have jurisdiction in any dispute between the Union and any person to whom these Staff Regulations apply regarding the legality of an act affecting such person adversely within the meaning of Article 168(2). In disputes of a financial character the Court of Justice shall have unlimited jurisdiction. 2.   An appeal to the Court of Justice of the European Union shall lie only if: — the AACC has previously had a complaint submitted to it pursuant to Article 168(2) within the period prescribed therein, and — the complaint has been rejected by express decision or by implied decision. 3.   Appeals under paragraph 2 shall be filed within three months. The period shall begin: — on the date of notification of the decision taken in response to the complaint, — on the date of expiry of the period prescribed for the reply where the appeal is against an implied decision rejecting a complaint submitted pursuant to Article 168(2); nevertheless, where a complaint is rejected by express decision after being rejected by implied decision but before the period for lodging an appeal has expired, the period for lodging the appeal shall start to run afresh. 4.   By way of derogation from paragraph 2, the person concerned may, after submitting a complaint to the AACC pursuant to Article 168(2), immediately file an appeal with the Court of Justice, provided that such appeal is accompanied by an application either for a stay of execution of the contested act or for the adoption of interim measures. The proceedings in the principal action before the Court of Justice shall then be suspended until such time as an express or implied decision rejecting the complaint is taken. 5.   Appeals under this Article shall be investigated and heard as provided for in the Rules of Procedure of the Court of Justice of the European Union.

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