Traducción de «Reclamación administrativa » (Español → Inglés) :

In the present case, since the decision not to admit the applicant to the oral test constitutes a decision of a competition selection board which, as such, is open to challenge before the Tribunal without a prior administrative complaint, the three-month time-limit for bringing an action laid down in Article 91(3) of the Staff Regulations, extended on account of distance by a single period of 10 days in accordance with Article 100(3) of the Rules of Procedure, began to run from the notification, on an unspecified date, of that decision by letter of 23 July 2009 and by 28 July 2009 at the latest, the date of the note entitled ‘Complaint’ ...[+++]in which the applicant acknowledged that she was aware of that decision, and expired on 7 November 2009.

Secondly, the Commission contends that the note of 28 July 2009, which the applicant entitled ‘Complaint’ within the meaning of Article 90(2) of the Staff Regulations, was no more than a request for documents, and did not have the minimum content required for a ‘prior administrative complaint’ within the meaning of the provisions of the Staff Regulations, which is why that note did not have the effect of suspending the time-limit of three months and ten days before the matter could be referred to the Tribunal.

8. No complaint may be made to the Ombudsman that concerns work relationships between the Community institutions and bodies and their officials and other servants unless all the possibilities for the submission of internal administrative requests and complaints, in particular the procedures referred to in Article 90(1) and (2) of the Staff Regulations, have been exhausted by the person concerned and the time limits for replies by the authority thus petitioned have expired.

Officials — Actions — Prior administrative complaint — Plea not explicitly included in the complaint, but relied on by implication — Admissibility

8. No complaint may be made to the Ombudsman that concerns work relationships between the Community institutions and bodies and their officials and other servants unless all the possibilities for the submission of internal administrative requests and complaints, in particular the procedures referred to in Article 90(1) and (2) of the Staff Regulations, have been exhausted by the person concerned and the time limits for replies by the authority thus petitioned have expired.

Officials – Actions – Prior administrative complaint – Time-limit for lodging a complaint – Calculation