Judgment — ECLI:EU:F:2008:82
Date: 2008-06-24
Language of the case: French
Court formation: Full Court
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Concept;European Central Bank
Procedure: Staff cases;Action for damages

Summary Officials – Staff of the European Central Bank – Action – Act adversely affecting an official – Definition – Confirmatory act – Not included (Protocol on the Statute of the European System of Central Banks and of the European Central Bank, Art. 36.2; Staff Regulations, Arts 90 and 91; Conditions of Employment for Staff of the European Central Bank, Art. 42) The case-law according to which the act adversely affecting the applicant is the act that directly and immediately affects the legal situation of the person concerned, which is not how a purely confirmatory measure, such as an act which contains no new factors as compared with a previous measure adversely affecting the applicant, can be described, must be applied by analogy to actions based on Article 36.2 of the Protocol on the Statute of the European System of Central Banks and of the European Central Bank and on Article 42 of the Conditions of Employment for Staff of the European Central Bank. (see paras 41-43) See: 204/85 Stroghili v Court of Auditors [1987] ECR 389, para. 6 T-14/91 Weyrich v Commission [1991] ECR II‑235, para. 35; T‑173/95 Biedermann and Others v Court of Auditors [1998] ECR‑SC I‑A‑273 and II‑831, para. 39