Order — ECLI:EU:F:2013:46
Date: 2013-04-15
Language of the case: English
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Action for damages - unfounded;Action for damages - inadmissible;Staff cases - decision unnecessary

Summary Actions brought by officials — Action for annulment not brought within the time-limit — Action for damages aiming to achieve the same result — Inadmissibility (Staff Regulations, Arts 90 and 91) An action for damages is not admissible where the official seeks to obtain the same result as he would have obtained had he been successful in an action for annulment which he failed to commence in due time. An official seeks to circumvent the inadmissibility of the claim alleging that a decision rejecting an application for annulment is unlawful where the facts and arguments relied on to establish the liability of the institution are the same as those which were the subject-matter of the rejection decision against which the applicant has not brought legal proceedings. (see paras 27, 29, 35) See: 14 February 1989, 346/87 Bossi v Commission, para. 32 28 October 2010, F‑84/08 Cerafogli v ECB, para. 50