Opinion of the Advocate General — ECLI:EU:C:2000:298
Date: 2000-06-06
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Appeal - inadmissible;Staff cases

Summary of the Judgment 
Appeals — Actions brought by officials — Appeal by an institution which did not 
intervene at first instance — Inadmissible 
(EC Statute of the Court of justice, Art. 49, third para.) 
As stated in the third paragraph of Arti­
cle 49 of the EC Statute of the Court of 
Justice and the corresponding provisions of 
the ECSC and Euratom Statutes, in the case 
of disputes between the Community and its 
servants the right to bring an appeal before 
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SUMMARY — CASE C-434/98 P 
the Court of Justice is not conferred on 
Member States and institutions which did 
not intervene before the Court of First 
Instance. 
An appeal brought by an institution which 
did not intervene at first instance must be 
dismissed as inadmissible where the pro­
ceedings are confined to a dispute between 
the Community and an official whose 
subject-matter is not the annulment of a 
measure which is legislative or of general 
application. The fact that the official plea­
ded, by way of an objection, before the 
Court of First Instance in an action for the 
annulment of an individual decision con­
cerning him that a Council regulation is 
unlawful does not prevent the case from 
being a dispute between the Community 
and its servants, since his application, if 
granted, can lead only to the annulment of 
the individual decision concerning him and 
not that of the regulation. 
(see paras 21-25) 
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