Judgment — ECLI:EU:F:2009:41
Date: 2009-04-28
Language of the case: French
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Equal treatment and non-discrimination;General
Procedure: Staff cases - successful

Summary 1. Officials – Actions – Action against a measure of general application (Art. 236 EC; Staff Regulations, Art. 90) 2. Officials – Equal treatment – Limits – Advantage unlawfully granted – Refusal to grant a fixed allowance to an official despite that allowance being paid to other officials in a comparable situation 1. The Civil Service Tribunal does not have jurisdiction to adjudicate on claims directly seeking a declaration that a measure of general application, such as a provision of the Staff Regulations, is illegal. (see para. 20) 2. An institution’s decision refusing to grant a fixed allowance to an official even though other officials in a comparable situation receive it, a decision which is based on the unlawful nature of the payment of that allowance to the latter officials, infringes the principle of equal treatment where the institution cannot satisfactorily prove that the payment of the allowance to those officials has no legal basis, since measures adopted by the Community institutions are presumed to be lawful. (see paras 28-30, 32, 36, 42) See: 188/83 Witte v Parliament [1984] ECR 3465, paras 13 to 15 T-30/90 Zoder v Parliament [1991] ECR II‑207, para. 26; T-272/94 Brulant v Parliament [1996] ECR-SC I‑A‑513 and II‑1397, para. 35; T-22/99 Rose v Commission [2000] ECR-SC I‑A‑27 and II‑115, para. 39; T-157/99 Griesel v Council [2000] ECR-SC I‑A‑151 and II‑699, para. 25; judgment of 8 July 2003 in T-65/02 Chetaud v Parliament, not published in the ECR, para. 44; T-120/04 Peróxidos Orgánicos v Commission [2006] ECR II‑4441, para. 77; T-379/04 J v Commission [2006] ECR-SC I‑A‑2‑313 and II‑A‑2‑1575, para. 79 F-4/07 Skoulidi v Commission [2008] ECR-SC I‑A‑1‑0000 and II‑A‑1‑0000, para. 81