3) if a Staff of any Community Institutions, after having exhausted
all avenues of administrative appeal.
40.
Being those provisions that allow the access to the Court by individuals,
the Applicant, as an individual, must prove that her case falls into one of
the situations listed in 1, 2, and 3.
41.
It is clear and without
great difficulty that the Applicant is not an
employee of any Community institution. In fact, she's nowhere near even
to claim that
status. Therefore,
this excludes
the application
situation referred to in (3) which corresponds to sub-paragraph
of the
(e) of
Article 10 of the Protocol.
42,
Thus, the remaining possibilities that are left to the Applicant to have
access to the Court are only two: to justify her complaint based on the
provision of Article 10(c); or to present her lawsuit as a complaint for
violation of human rights in accordance with Article 10(d).
43.
These two
alternatives,
invoked by the Applicant in her arguments,
should be analyzed in order for the Court to determine whether the
Applicant’s situation falls at least into one of them.
44.
Under Article 10(c) of the Protocol 2005, access to the Court is open to
“individuals
....in proceedings for
the
determination
of an
act or
inaction of a Community official which violates the rights of individuals
"t
45.
The wording of Article 10(c) leaves clear from the outset that the main
requirement
for an individual to have access to the Court under that
provision is that he or she should be the bearer of the right allegedly
violated by the act or inaction of the Community or its official that is
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