Order — ECLI:EU:F:2016:85
Date: 2016-04-28
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 - unfounded;Staff cases - inadmissible

Summary Actions brought by officials — Pleas in law — Plea alleging an infringement of the principle of equal treatment — Reliance on alleged discrimination on account of an advantage unlawfully conferred on other officials — Invalid plea in law (Staff Regulations, Art. 91) The principle of equal treatment must be reconciled with the principle of legality and thus a person may not rely, in support of his claim, on an unlawful act committed in favour of a third party. Consequently, a plea alleging an infringement of the principle of equal treatment in relation to unlawful advantage conferred on other officials is invalid. (see para. 38) See: Judgments of 4 July 1985 in Williams v Court of Auditors, 134/84, EU:C:1985:297, para. 14, and 2 June 1994 in de Compte v Parliament, C‑326/91 P, EU:C:1994:218, paras 51 and 52 Judgments of 1 July 2010 in Časta v Commission, F‑40/09, EU:F:2010:74, para. 88, and 21 January 2014 in Van Asbroeck v Parliament, F‑102/12, EU:F:2014:4, paras 37 and 38