Order — ECLI:EU:F:2007:53
Date: 2007-03-27
Language of the case: French
Court formation: President of the Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC;Procedural provisions
Concepts: Legal aid
Procedure: Staff cases;Application for legal aid - unfounded

Summary Procedure – Application for legal aid – Conditions for granting (Rules of Procedure of the Court of First Instance, Art. 94(3); Staff Regulations, Art. 48; Council Decision 2004/752, Art. 3(4)) An application for legal aid for an action which is manifestly inadmissible must be refused under Article 94(3) of the Rules of Procedure of the Court of First Instance. That is true of an action brought by an official whose resignation has been accepted and who seeks annulment of the refusal to readmit him to the service, where he has not previously applied under the procedure in Articles 90 and 91 of the Staff Regulations for a declaration that his resignation statement is void. Such an application for readmission may be regarded either as a withdrawal of his resignation statement, which can have no legal effect on a definitive resignation, or as an unsolicited candidature for a post, the rejection of which, since the candidature cannot be other than informal, does not constitute an act adversely affecting the official. (see paras 3-10, 12) See: T-7/98, T-208/98 and T-109/99 De Nicola v EIB [2001] ECR-SC I‑A‑49 and II‑185, paras 119, 287 to 307; T-406/04 Bonnet v Court of Justice [2006] ECR-SC I‑A‑2‑213 and II‑A‑2‑1097, para. 33