CELEX: 62008FJ0009
Public service
Officials
Free movement of workers

1.
Officials – Actions – Purpose – Direction to the administration – Inadmissibility
(Art. 233 EC; Staff Regulations, Art. 91)
2.
Officials – Staff Regulations – Regulation amending the Staff Regulations – Transitional provisions towards the new career
structure
(Staff Regulations, Annex XIII, Arts 12(2) and 13)
3.
Actions for annulment – Pleas in law – Invalid plea in law – Definition
1.
It is not for the Civil Service Tribunal to issue directions to a Community institution or to make statements or findings
of principle, regardless of the general obligation set out in Article 233 EC that an institution which adopted an annulled
act must take the necessary measures to comply with the judgment annulling that act.
(see para. 21)
See:
T-76/03
Meister
v
OHIM
[2004] ECR-SC I‑A‑325 and II‑1477, para. 38
F-55/05
Voigt
v
Commission
[2006] ECR-SC I‑A‑1‑15 and II‑A‑1‑51, paras 23 and 25
2.
There is no provision in Annex XIII to the Staff Regulations which provides that that annex in its entirety no longer applies
after 30 April 2006. It is only the application of certain specific provisions of that annex which is limited to the period
between 1 May 2004 and 30 April 2006. In the absence of any indication to that effect concerning Article 13 of Annex XIII
to the Staff Regulations, that article should not be regarded as included among those specific provisions and as applicable
only during that period, even taking account of Article 12(2) of that annex.
(see paras 31-32)
3.
Where a plea in law, even if well founded, is not such as to entail the annulment of the contested measure, that plea must
be regarded as invalid.
(see para. 41)
See:
C-46/98 P
EFMA
v
Council
[2000] ECR I-7079, paras 37 and 38