Order — ECLI:EU:F:2013:141
Date: 2013-09-20
Language of the case: Italian
Court formation: Third Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - inadmissible

Summary Officials — Actions brought by officials — Interest in bringing proceedings — Need for a vested and present interest — To be determined as at the time the application is filed — Action capable of benefiting the applicant (Staff Regulations, Arts 90 and 91) In order for an official or former official to seek, in the context of an application under Articles 90 and 91 of the Regulations, the annulment of an act which adversely affects him within the meaning of Article 90(2), he must have, at the time he brings the action, a vested and present interest, which is sufficiently established to have that act annulled. Such an interest presupposes that the action if successful is capable of benefiting him. (see para. 22) See: 29 November 2006, T‑35/05, T‑61/05, T‑107/05, T‑108/05 and T‑139/05 Agne-Dapper and Others v Commission and Others, para. 35 and the case-law cited