Decision (CFSP) 2017/824 is hereby amended as follows:
(1)
in Chapter VIII, the title is replaced by the following:
‘
Appeals
’;
(2)
Article 28 is replaced by the following:
‘Article 28
Appeals
1. Any person to whom these Staff Regulations apply may request the Director to take a decision relating to him in matters covered by these Staff Regulations. The Director shall notify the person concerned of his 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 the following paragraphs.
2. Any person to whom these Staff Regulations apply may submit to the Director a complaint against an act adversely affecting him, either where the Director has taken a decision or where he has failed to adopt a measure prescribed by these Staff Regulations. The complaint must be lodged within three months. That period shall start to run:
(a)
on the date of publication of the act if it is a measure of a general nature;
(b)
on the date of the 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 is such as to affect adversely 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;
(c)
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.
3. The Director shall notify the person concerned of his 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 paragraph 5.
In the event of a negative reply, the staff member may request mediation. Such mediation is not mandatory.
4. The Director shall appoint a mediator for a renewable period of three years.
The mediator shall be a qualified, independent legal expert. He shall be provided by the Director and the staff member concerned with all documents he considers necessary for an examination of the case.
He shall submit his conclusions within two months of the date on which he has been apprised of the case.
Those conclusions shall not be binding on either the Director or the staff member.
The costs of mediation shall be borne by the SATCEN if the conclusions are refused by the Director; 50 % of the costs shall be borne by the staff member if it is he who refuses to accept the findings.
5. The Court of Justice of the European Union (the “Court of Justice”) shall have jurisdiction in any dispute between the SATCEN and any person to whom these Staff Regulations apply regarding the legality of an act affecting such person adversely within the meaning of paragraph 2.
In disputes of a financial character, the Court of Justice shall have unlimited jurisdiction.
Staff members may file an appeal before the Court of Justice, subject to the following:
(a)
an appeal to the Court of Justice shall lie only if:
(i)
the Director has previously had a complaint submitted to him pursuant to paragraph 2 within the period prescribed therein, and
(ii)
the complaint has been rejected by express decision or by implied decision;
(b)
an appeal under point (a) shall be filed within three months. That period shall begin:
(i)
on the date of notification of the decision taken in response to the complaint, or
(ii)
where the appeal is against an implied decision rejecting a complaint submitted pursuant to paragraph 2, on the date of expiry of the period prescribed for reply; however, 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;
(c)
by way of derogation from point (b), the person concerned may, after submitting a complaint to the Director pursuant to paragraph 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.’;
(3)
Annex X is deleted.