Order — ECLI:EU:F:2010:122
Date: 2010-10-06
Language of the case: Italian
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 1. Officials — Actions — Action against a decision rejecting a complaint — Admissibility (Staff Regulations, Arts 90 and 91) 2. Officials — Actions — Act adversely affecting an official — Definition — Holding response from the administration at an official’s request — Not included (Staff Regulations, Arts 90 and 91) 1. Where, in addition to the annulment of a contested decision, an official also seeks, in so far as is necessary, the annulment of the decision rejecting his complaint, the latter claims are, as such, lacking in independent content and are, in reality, indissociable from the claims against the contested decision. (see para. 26) See: 293/87 Vainker v Parliament [1989] ECR 23, para. 8 T‑330/03 Liakoura v Council [2004] ECR‑SC I‑A‑191 and II‑859, para. 13 F‑34/07 Skareby v Commission [2008] ECR-SC I‑A‑1‑477 and II‑A‑1‑2637, para. 27 2. An act adversely affecting an official is one which produces binding legal effects capable of directly and immediately affecting the applicant’s interests by bringing about a distinct change in his legal position; such an act must come from the competent authority and include a definitive position adopted by the administration. That is not true of a letter from the institution agreeing to part of an official’s request, explaining certain points in response to his request and informing him that his request is being considered. (see paras 29, 32-34) See: F-101/05 Grünheid v Commission [2006] ECR-SC I‑A‑1‑55 and II‑A‑1‑199, para. 33 and the case-law cited therein