Order — ECLI:EU:F:2009:42
Date: 2009-04-30
Language of the case: French
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: General
Procedure: Staff cases - decision unnecessary

Summary Procedure – Request complied with after action was brought (Rules of Procedure of the Civil Service Tribunal, Art. 75) The Community judicature is entitled to assess, depending on the circumstances of each individual case, whether the proper administration of justice justifies the rejection on the merits of an action for annulment or, by analogy, the finding that an action has become devoid of purpose and that there is therefore no need to adjudicate on its merits, without ruling beforehand on a plea of inadmissibility raised by the defendant. That applies where the Tribunal has already, in an earlier case, adjudicated on the merits in favour of the applicant in the present case before it, even though, at the hearing and in reply to a question from the Tribunal in that second case, the parties declared that, although the action in the earlier case was ruled admissible and the Tribunal had adjudicated on its merits, there was no need to adjudicate in the second case. (see paras 5-8) See: C-23/00 P Council v Boehringer [2002] ECR I‑1873, paras 51 and 52; C-233/02 France v Commission [2004] ECR I‑2759, para. 26 T-171/02 Regione autonoma della Sardegna v Commission [2005] ECR II‑2123, para. 155 F-134/06 Bordini v Commission [2008] ECR-SC I‑A‑1‑0000 and II‑A‑1‑0000, para. 56; F-115/07 Balieu-Steinmetz and Noworyta v Parliament [2009] ECR-SC I‑A‑1‑0000 and II‑A‑1‑0000