Staff Matters N° 29

This newsletter presents a recent case on two subjects of high practical relevance: (1) the lack of competence of an author to decide on an act adversely affecting staff and (2) the recovery of sums unduly paid to an official. The General Court annulled a recovery decision, because its author did not act on the basis of a correct sub-delegation. On the second point, the court decided that, for reasons of legal certainty, the limitation period of five years for the recovery was neither interrupted nor suspended by the opening of an OLAF investigation on the facts giving rise to the recovery. As a result of this, staff have to be aware that recovery decisions may be issued before investigations of OLAF (or audits etc.) are completed.