Maria Adelina Biasutto v Council of the European Union. (Officials) [2000] EUECJ T-171/98 (22 February 2000)

Maria Adelina Biasutto v Council of the European Union. (Officials) [2000] EUECJ T-171/98 (22 February 2000)

The Court held that the procedure under Article 59 of the Staff Regulations must be strictly followed in cases of absence due to sickness and found that the Council had not fully complied with the procedural requirements.

Source-derived case information.

Citation
[2000] EUECJ T-171/98
Parties
Applicant: Maria Adelina Biasutto; Respondent: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Staff Case / Judgment
Outcome
application upheld
Legal Topics
Sick Leave, Irregular Absence, Staff Regulations
Employment Law Administrative Law Sick Leave Irregular Absence Staff Regulations

Source-derived case record

Summary, issues, holding and outcome

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Parties

Maria Adelina Biasutto

Applicant

Council of the European Union

Respondent

Procedural Posture

Staff Case / Judgment

  1. 1 Whether the procedure under Article 59 of the Staff Regulations was correctly followed in the event of absence on account of sickness
  2. 2 Whether the applicant's absence constituted irregular absence under the Staff Regulations

Ratio Decidendi

The Court held that the procedure under Article 59 of the Staff Regulations must be strictly followed in cases of absence due to sickness and found that the Council had not fully complied with the procedural requirements.

Court Disposition

application upheld

Orders

  • Council to comply with Article 59 procedure
  • Applicant's absence not deemed irregular