Article 91 F1

The Court of Justice of the F2European 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 90(2). In disputes of a financial character the Court of Justice shall have unlimited jurisdiction.

An appeal to the Court of Justice of the European Union shall lie only if:

• the appointing authority has previously had a complaint submitted to it pursuant to Article 90 (2) within the period prescribed therein, and

• the complaint has been rejected by express decision or by implied decision.

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 90 (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.

By way of derogation from paragraph 2, the person concerned may, after submitting a complaint to the appointing authority pursuant to Article 90 (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.

Appeals under this Article shall be investigated and heard as provided in the Rules of Procedure of the Court of Justice of the European Union.