Order — ECLI:EU:F:2007:118
Date: 2007-07-02
Language of the case: French
Court formation: Second Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Action brought by an official who has not been promoted
Procedure: Staff cases

Summary Officials – Actions – Interest in bringing proceedings (Staff Regulations, Arts 90 and 91) An official is not entitled to act in the interests of the law or of the institutions and may put forward, in support of an action for the annulment of a measure, only such claims as relate to him personally. An action brought by an official seeking annulment of the list of officials promoted to the higher grade in a promotion procedure because that list does not contain the applicant’s name is therefore inadmissible where the applicant has not shown why he has a personal interest in bringing the action, and has merely relied on the unlawfulness of certain categories of promotion points, without providing in his written submissions any specific information about his personal situation with regard to the promotion year in question, such as, in particular, the number of promotion points that he received in those categories. Such a finding cannot be called into question by the fact that the number of those promotion points is apparent from documents attached to the defence, since it is for the applicant to establish, in his written submissions, that he has an interest in bringing proceedings and, if appropriate, to refer to the corresponding evidence provided in an annex. (see paras 31-32) See: 85/82 Schloh v Council [1983] ECR 2105, para. 14 T-436/04 Sanchez Ferriz v Commission [2006] ECR-SC I‑A‑2‑273 and II‑A‑2‑1423, para. 35; judgment of 23 November 2006 in T-422/04 Lavagnoli v Commission, not published in the ECR