Judgment — ECLI:EU:T:2000:244
Date: 2000-10-26
Language of the case: Italian
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Provisions governing the Institutions;Acts of the institutions
Concepts: Parliament;General;Legal certainty
Procedure: Action for annulment - successful;Action for annulment - inadmissible
Origin: Italy

Summary of the Judgment 
1. Acts of the institutions — Legal nature — Regulation or decision — Distinction — 
Criteria 
(EC Treaty, Arts 173, fourth para, (now, after amendment, Art. 230, fourth para., 
EC), and 189 (now Art. 249 EC» 
2. Actions for annulment — Action challenging a decision confirming a decision not 
challenged within the time-limit — Inadmissibility — Concept of confirmatory 
decision 
(EC Treaty, Art. 173 (now, after amendment, Art. 230 EC)) 
II - 3493 
SUMMARY — JOINED CASES T-83/99 TO T-85/99 
3. Plea of illegality — Collateral nature — Main claim inadmissible — Inadmissibility of 
the plea 
(EC Treaty, Art. 184 (now Art. 241 EC)) 
4. Parliament — Power to determine its own internal organisation — Determination of a 
time-limit for joining a provisional pension scheme for Members of the European 
Parliament 
5. Community law — Principles — Legal certainty — Administrative measure producing 
legal effects — Requirement of clarity and precision — Obligation to notify interested 
parties — None — Consequence 
1. The term 'decision' in the fourth para­
graph of Article 173 of the Treaty 
(now, after amendment, the fourth 
paragraph of Article 230 EC) must be 
understood in the technical sense in 
which it is used in Article 189 of the 
Treaty (now Article 249 EC) and the 
criterion for distinguishing between a 
legislative act and a decision within the 
meaning of the latter article must be 
sought in the general application or 
otherwise of the act in question. The 
fact that the number and even the 
identity of the persons to whom a 
measure applies can be determined 
more or less precisely is not such as to 
call in question the legislative nature of 
the measure. 
(see paras 27-28) 
2. An action for annulment brought 
against a decision which merely con­
firms an earlier decision which has not 
been challenged in good time is inad­
missible. A decision is a mere confir­
mation of an earlier decision where it 
contains no new factors as compared 
with the earlier measure and is not 
preceded by any reexamination of the 
situation of the addressee of the earlier 
measure. 
(see para. 33) 
3. An objection of illegality may be raised 
only as a collateral issue, when an 
action is brought before the Court of 
First Instance or the Court of Justice on 
the basis of another provision of the 
Treaty, since Article 184 of the Treaty 
(now Article 241 EC) does not make it 
permissible for individuals to challenge 
the validity of a legislative act by way 
of a direct action. The possibility of 
raising an objection of illegality thus 
presupposes the admissibility of the 
action in respect of which it is raised. 
(see para. 35) 
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RIPA DI MEANA AND OTHERS V PARLIAMENT 
4. The Parliament is authorised, under its 
powers of internal organisation confer­
red on it by the Treaties, to take 
appropriate measures to ensure the 
proper functioning and conduct of its 
proceedings. It follows that the Parlia­
ment has not acted ultra vires by 
adopting a time-limit for joining the 
provisional pension scheme for Mem­
bers of the European Parliament. 
(see paras 45-46) 
5. Every measure of the administration 
having legal effects must be clear and 
precise and must be brought to the 
notice of the person concerned in such 
a way that he can ascertain exactly 
when the measure comes into being 
and begins to have legal effect. Where 
there was no such notification, a period 
prescribed for the submission of an 
application based on a measure pro­
viding for pension rights can begin to 
run only from the time the person 
concerned, having learnt of the exis­
tence of the measure, acquires, within a 
reasonable period, precise knowledge 
of its content. 
(see paras 76-77) 
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