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Officials and agents of the European Union are subject to a specific legal structure governed by the Staff Regulations of Officials of the European Union.

It often gives rise to legal issues as administrative decisions, performance evaluations, dismissals, disciplinary sanctions, or disputes relating to statutory rights.

The law firm Arthur & Marin, based in Brussels, advises and represents EU servants and contract agents at all stages of administrative and judicial proceedings before EU institutions.

Legal services for European Union servants

EU officials and agents are subject to a specific legal framework governed by the EU Staff Regulations. Administrative decisions taken by EU institutions can affect their career, rights, or professional situation.

Our team analyzes each case individually, assessing the available legal options and preparing the necessary actions both at the administrative and judicial levels.

Before bringing a case before the European courts, the Staff Regulations of Officials of the European Union provide for the possibility to challenge certain decisions through administrative procedures. In many cases, these constitute a mandatory prior step before initiating judicial proceedings. Our firm assists with:

  • Preparation of administrative complaints against decisions adopted by EU institutions.
  • Procedures under Article 90 of the Staff Regulations.
  • Challenging decisions such as performance evaluations, staff decisions, or administrative measures.

The objective is to ensure that the complaint is substantiated and to preserve rights for any subsequent judicial action.

Once the administrative phase has been exhausted, EU servants may bring an action before the General Court of the European Union, which has jurisdiction over disputes relating to the European civil service. We represent EU officials and agents in:

  • Actions for annulment against decisions adopted by EU institutions, bodies, or agencies.
  • Disputes related to the European civil service, including conflicts, working conditions, or administrative decisions.
  • Representation before the General Court, including the preparation of applications, written pleadings, and legal defense throughout the proceedings.

Decisions relating to career progression within EU institutions have a direct impact on the professional development of officials. A legal review may help identify irregularities or protect the rights of the individual concerned. We provide advice on:

  • Performance evaluations and annual appraisal reports.
  • Promotion procedures and career progression.
  • Internal competitions and selection procedures.
  • Mobility within EU institutions or agencies.

It is important to verify that procedures comply with the Staff Regulations and the general principles of European Union law.

Internal investigations or disciplinary proceedings may have significant consequences for an servant’s career and professional reputation. In such cases, we assist with:

  • Defense during internal administrative investigations.
  • Proceedings involving OLAF or the Investigation and disciplinary office.
  • Protection of the official’s rights of defense throughout the entire procedure.

The Staff Regulations of Officials of the European Union grant various financial rights and benefits, which may give rise to disputes or differing interpretations by the administration. We provide advice on matters related to:

  • Compensation and financial rights arising under the Staff Regulations.
  • Expatriation allowance and other statutory allowances.
  • Family allowances and additional benefits.
  • Pension rights and retirement benefits.

EU institutions provide specific procedures to report situations of moral or psychological harassment, in accordance with the Staff Regulations and the internal rules of each institution. These procedures may involve internal investigations and administrative decisions. We provide assistance in advising on the submission of harassment complaints (harassment procedure), assisting during internal investigations conducted by the institution and administrative decisions adopted in the context of such procedures.

Selection procedures organized by the European Personnel Selection Office (EPSO) may give rise to disputes where a candidate believes that an irregularity has occurred during the process. In such cases, it is possible to request administrative reviews and, in certain circumstances, challenge the decision before the EU courts. We advise candidates and officials in relation to exclusion from EPSO competitions, requests for review of results or assessments, administrative appeals against decisions of the selection board.

Who can use our services?

The law firm Arthur & Marin advises and represents various members of staff of the institutions and bodies of the European Union who require legal assistance in relation to their professional situation, their statutory rights, or administrative decisions adopted by their institution.

We provide advice both during the internal administrative phase and in potential proceedings before the courts of the European Union.

We advise servants of the European Union subject to the Staff Regulations on matters relating to their professional career, their statutory rights, or administrative decisions adopted by their institution. This may include, among other situations, performance evaluations, promotions, administrative decisions, disciplinary proceedings, or disputes relating to financial rights.

We also represent contract agents and temporary agents in relation to their contracts, working conditions, or decisions concerning the renewal of their contracts. We assist with legal analysis and, where appropriate, with the preparation of administrative or judicial appeals.

We provide legal assistance to members of staff working in decentralized agencies of the European Union, which are also subject to specific rules derived from the Staff Regulations and the regulations applicable to each body. Among others, we advise staff from institutions and bodies such as:

  • European Commission
  • European Parliament
  • Council of the European Union
  • EU agencies such as Frontex, ECHA, EASA, among others

We analyze the specific situation of each official or agent and determine the available options under European Union law.

We also advise former officials or agents of the European Union, in particular on matters relating to pension rights, statutory benefits, and administrative decisions affecting their situation after retirement.

Seconded National Experts (SNEs) work temporarily in EU institutions or agencies while maintaining their link with their national administration. During their assignment, issues may arise relating to conditions of service, evaluations of the temporary assignment, and administrative decisions adopted by the host institution.

Finally, we also advise candidates participating in selection procedures organized by EPSO who consider that a decision is irregular. This may include exclusion from a competition, results of written or oral tests, and irregularities in the selection procedure.

Staff regulations of Officials of the European Union and Conditions of Employment of Other Servants (CEOS)

The employment relationship between staff and the institutions of the European Union is governed by a specific legal framework primarily composed of the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Communities (CEOS).

These rules form the legal basis governing the rights, obligations, working conditions, and administrative procedures applicable to staff of EU institutions, including the European Commission, the European Parliament, the Council, and numerous EU agencies.

Staff regulations of Officials of the European Union

The Staff Regulations establish the legal structure applicable to permanent officials of EU institutions. They govern aspects of the administrative career within the European Union. Among other matters, the Staff Regulations regulate:

  • Rights and obligations of EU officials
  • Recruitment conditions and career development
  • Performance evaluations and promotions
  • Disciplinary regime
  • Rights and benefits
  • Complaint procedures and appeals against administrative decisions

The Staff Regulations also establish mechanisms allowing officials to challenge decisions of their institution, in particular through the procedure provided under Article 90 of the Staff Regulations, which constitutes the first step before bringing a case before the courts of the European Union.

Conditions of Employment of Other Servants (CEOS)

The Conditions of Employment of Other Servants (CEOS) govern the regime applicable to other categories of staff working for EU institutions and bodies. These rules apply to temporary agents, contract agents, local agents, and certain categories of auxiliary staff. The CEOS set out employment conditions, including aspects such as contract duration, working conditions, rights, and administrative procedures.

Given the difficulty, procedures and disputes relating to the European civil service require a specialized analysis of EU law and the case law of the European courts. We advise officials and agents of EU institutions on matters relating to the Staff Regulations, the CEOS, and appeal procedures before the courts of the European Union.

How to challenge a decision of an EU Institution

Decisions adopted by EU institutions—such as the European Commission, the European Parliament, or EU agencies—may affect the professional situation of officials and agents. Below are the main stages of the procedure to challenge such decisions, through both the administrative and judicial phases.

In the European civil service, time limits are strict and start running from the notification of the decision. It is therefore advisable to review the legal situation as soon as possible.

Before bringing a case before the courts of the European Union, the official or agent must submit an administrative complaint against the decision adopted by the institution. This procedure is provided for under Article 90 of the Staff Regulations of Officials of the European Union.

The administrative complaint must be addressed to the institution that adopted the decision, identify the contested decision, and set out the reasons why it is considered unlawful or incorrect. This stage constitutes a mandatory prerequisite for bringing proceedings before the EU courts.

Once the administrative complaint has been submitted, the institution has a set period to respond. Two situations may arise. Either the institution rejects the complaint through an express decision, or it fails to respond within the prescribed time limit, which is considered an implied decision of rejection. In both cases, the official or agent may decide to bring a judicial action before the General Court of the European Union.

If the administrative complaint is unsuccessful, it is possible to bring an action before the General Court of the European Union. This court has jurisdiction over disputes between EU officials or agents and EU institutions. The action must be lodged by a lawyer authorized to practice in a Member State of the European Union and must comply with the procedural requirements laid down by EU law.

General Court of the European Union (GCEU)

The General Court is part of the EU judicial system and reviews whether administrative decisions adopted by EU institutions comply with the Staff Regulations of Officials of the European Union, the CEOS, and the general principles of EU law.

What cases does the General Court hear

Among other matters, the Court may examine actions relating to:

  • Administrative decisions affecting career development
  • Performance evaluations
  • Promotions or reclassifications
  • Disciplinary sanctions
  • Non-renewal of contracts of temporary or contract agents
  • Financial rights and statutory benefits
  • Decisions adopted in selection procedures or competitions

In such cases, the Court assesses whether the institution has correctly applied the Staff Regulations and respected the procedural guarantees of the official or agent.

What Is the time limit to bring an action

An action before the General Court must be brought within three months from the decision rejecting the administrative complaint or from the moment an implied rejection arises due to silence. For this reason, it is important to promptly analyze the decision received and the applicable time limits.

When is It mandatory to act through a lawyer

Proceedings before the EU courts require representation by a lawyer authorized to practice in a Member State of the European Union. The lawyer is responsible for preparing the action, drafting the written pleadings, presenting the legal arguments before the Court, and representing the client throughout the proceedings. Proper preparation of the case is essential, as proceedings before EU courts are subject to specific formal and legal requirements.

What can be achieved through an action

If the General Court finds that the contested administrative decision is contrary to EU law or to the Staff Regulations, it may:

  • Annul the administrative decision adopted by the institution
  • Compensation for the damage suffered by the official or agent
  • Ensure the protection of statutory rights recognized under EU law

Why Choose Arthur & Marin?

Disputes relating to the European civil service require specific expertise in EU law, the Staff Regulations of the European Union, and administrative and judicial procedures. These are not ordinary employment law matters.

Brussels is the institutional center of the European Union and the place where most administrative decisions affecting officials and agents are adopted. Arthur & Marin is based in Brussels and regularly advises staff of EU institutions and agencies, allowing for a understanding of how European administrations functioned.

We regularly work with EU legislation, case law of the General Court and the Court of Justice of the European Union, as well as the Staff Regulations of EU officials. This enables us to provide a precise analysis of administrative decisions adopted by EU institutions and to identify the available avenues of appeal.

Staff of EU institutions come from numerous Member States and commonly use several languages in their professional activities. For this reason, the firm provides multilingual assistance, allowing us to work with international clients and analyze administrative and legal documentation in different languages.

Proceedings before the courts of the European Union involve specific procedural requirements, both in terms of time limits and the structure of the action. We advise and represent clients in proceedings before the General Court of the European Union, including the preparation of applications and written pleadings.

Litigation in the European civil service often requires an understanding of how EU institutions work, including their administrative procedures and organizational culture. We regularly advise staff of EU institutions, which allows us to approach each case with an understanding of the administrative and professional context in which decisions are taken.

Before initiating any procedure, it is important to assess the legal situation and options. The firm provides prior legal advice, evaluating the possible actions—whether administrative or judicial—and defining the most appropriate approach based on the client’s objectives. Many disputes involving EU officials concern sensitive issues within the professional environment. The firm guarantees a confidential and discreet handling of each matter, with the aim of protecting the client’s professional interests.

Seek legal advice as a European Union staff member

If you are an official, temporary agent or contract agent of a European Union institution and you have received a decision affecting your career, your rights under the Staff Regulations or your working conditions, it is essential to promptly assess the available remedies and the applicable time limits.

At Arthur & Marin, we advise staff members of EU institutions and agencies on administrative complaints, disciplinary proceedings, workplace disputes, and actions before the General Court of the European Union. Our team reviews the administrative decision, verifies the relevant deadlines, assesses the legal merits of the case, prepares an administrative complaint under Article 90 of the Staff Regulations, and represents clients before the EU Courts. If you wish to assess your legal situation and explore the available options, please contact us.

Frequently Asked Questions about EU Servants

As a general rule, an administrative complaint must first be submitted under Article 90 of the Staff Regulations of the EU within three months from notification of the decision. If the institution rejects the complaint or fails to respond, an action may be brought before the General Court of the European Union.

Yes. EU officials and agents may challenge administrative decisions of their institution where they consider that such decisions infringe the Staff Regulations or EU law. Before going to court, a prior administrative complaint is usually required.

Disputes between officials or agents and EU institutions fall within the jurisdiction of the General Court of the European Union, based in Luxembourg. Its judgments may be appealed on points of law before the Court of Justice of the European Union.

Yes. Representation by a lawyer authorized to practice in a Member State of the EU is mandatory in proceedings before the General Court.

In general, there are no court fees, but there are costs related to legal representation. The unsuccessful party may be ordered to reimburse the costs of the opposing party.

Proceedings before the General Court typically last between one and two years, depending on the complexity of the case.

Yes. Performance evaluations, promotions, or career-related decisions may be challenged if they do not comply with the Staff Regulations or the institution’s internal rules.

You may request a review of the decision and, in some cases, bring an action against the decision of the selection board.

Yes. Disciplinary sanctions may be subject to an administrative complaint and subsequent judicial action if procedural guarantees have been breached.

Yes. Contract and temporary agents may challenge decisions relating to their contract, career, or working conditions by following the procedure set out in the Staff Regulations.

Is the normative that rules the rights, obligations, and working conditions of EU officials and agents, including career development, discipline, remuneration, and appeal procedures.

If a dispute arises with an EU institution, it is advisable to analyze the administrative decision and the applicable time limits with a lawyer specialized in EU law.

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