Judgment — ECLI:EU:T:2002:39
Date: 2002-02-26
Language of the case: German
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Provisions governing the Institutions
Concepts: General;Applications by natural or legal persons
Procedure: Action for annulment - inadmissible
Origin: Austria;Belgium;Germany;Italy

Summary of the Judgment 
1. Actions for annulment — Actionable measures — Act of the Parliament amending its 
Rules of Procedure concerning the internal investigations conducted by the European 
Anti-Fraud Office (OLAF) 
(Art. 230, first para., EC; Rules of Procedure of the Parliament, Rule 9a) 
II - 579 
SUMMARY — CASE T-17/00 
2. Actions for annulment — Natural or legal persons — Measures of direct and 
individual concern to them — Act of the Parliament affecting its current and future 
Members without distinction — Legislative character — Inadmissibility 
(Art. 230, fourth para., EC; Rules of Procedure of the Parliament) 
1. An act of the European Parliament 
which on the one hand amends its 
internal Rules of Procedure by adding a 
Rule 9a concerning the internal inves­
tigations conducted by the European 
Anti-Fraud Office (OLAF) and on the 
other approves the Parliament's 
decision concerning the terms and con­
ditions of internal investigations, and 
which is one of the measures intended 
to protect the Communities' financial 
interests and to combat fraud and any 
other illegal activities which might be 
detrimental to those interests, goes in 
both its object and its effects beyond 
the internal organisation of the work of 
the Parliament. It may therefore be the 
subject of an action for annulment 
under the first p a r a g r a p h of 
Article 230 EC. 
(see paras 56-57) 
2. An action brought by Members of the 
European Parliament against an act of 
that institution which applies without 
distinction to the Members of that 
institution in office at the time of its 
entry into force and to any other 
person subsequently coming to per­
form the same duties is inadmissible. 
Such an act applies without temporal 
limitation to objectively determined 
situations and has legal effects with 
respect to categories of persons envis­
aged generally and in the abstract. Such 
an act, although called a 'decision', 
therefore constitutes a measure of gen­
eral application. 
(see paras 61-62, 78) 
II - 580