The relativity of any decision of the EU Court of Justice

Many officials or other agents who learned the existence of a favorable decision from Luxemburg hasten to ask their administration for the benefit of the implementation of this decision. Tecently, the decision Tuerck/Commission on the pensions rights or the saga of the living conditions allowances have lead to the impression they were entitled to claim for the recalculation of their pensions rights or the annulment of their changed percentages of the living conditions allowance, whereas they had been established in accordance with the illegal Guidelines.

However, at the risk of creating a feeling of injustice on their part, those decisions will have no effect on the individual rights of officials and other agents who have not challenged the individual measure taken in their respect within the statutary period in accordance with the article 90§2 of the Staff Regulations.

Also, I remind you that the best way to act in order to preserve your rights and interests is to take advice from a specialist very quickly after having received the act that could potentielly be challenged and to discuss together the interest and opportunity to lodge a complaint and then an appeal. You will be able to take a conscious decision.

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