CELEX: 62007FJ0094
Public service
Officials
Promotion

Actions for annulment – Pleas in law – Invalid plea in law
In an action for annulment, where a plea, in the event that it is well founded, is not such as to lead to the annulment sought
by the applicant, that plea must be regarded as invalid. Therefore, where an official who is paid from the appropriations
of one of the parties under the general budget brings an action against a decision of the Commission not to promote him, even
though he could not have been promoted because he had not accumulated sufficient points for promotion, he must be regarded
as not having a legitimate interest in obtaining annulment of a decision which could only be taken again, in an identical
form, concerning him.
(see paras 61-62)
See:
C-46/98 P
EFMA
v
Council
[2000] ECR I‑7079, paras 37 and 38; C‑76/01 P
Eurocoton and Others
v
Council
[2003] ECR I‑10091, para. 52
T-432/04
Parlante
v
Commission
[2007] ECR-SC I‑A‑2‑0000 and II‑A‑2‑0000, para. 38