Order — ECLI:EU:F:2016:194
Date: 2016-08-02
Language of the case: French
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - decision unnecessary;Action for damages - decision unnecessary

Summary Actions brought by officials — Interest in bringing proceedings — Assessment at the time when the action was lodged — Subsequent disappearance of the interest in bringing proceedings — No need to adjudicate (Staff Regulations, Arts 90 and 91) For an official to be able to take further steps in an action for annulment of a decision, he must retain a personal interest in having the contested decision annulled even after the action is brought, it being assumed with such an interest that the action, if successful, is capable of procuring him an advantage. Where an official has withdrawn his application for transfer of pension rights acquired prior to entering the service of the EU with the agreement of the institution concerned, any judgment annulling the decision rejecting his request for assistance made in connection with his application for transfer of pension rights would not bring him any administrative advantage, regardless of whether a request for assistance made by an official in order to defend himself against the actions of his own institution is legally admissible. In that regard, in the absence of a present interest in continuing the proceedings, there is no longer any need to adjudicate on the action. (see paras 33, 34) See: Order of 2 December 2013, Pachtitis v Commission, F‑49/12, EU:F:2013:197, para. 28 and the case-law cited therein