Order — ECLI:EU:T:2000:167
Date: 2000-06-27
Language of the case: French
Court formation: Fifth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Concept
Procedure: Staff cases - inadmissible

SUMMARY - CASE T-608/97 
Summary 
Officials - Actions — Act adversely affecting an official — Concept — Purely 
confirmatory act — Exclusion 
(Staff Regulations, Arts 90(2) and 91(1)) 
Both an administrative complaint and the ensuing court proceedings must be directed 
against an 'act adversely affecting' the applicant within the meaning of 
Articles 90(2) and 91(1) of the Staff Regulations, the act adversely affecting the 
applicant being the act that directly and immediately affects the legal situation of the 
person concerned. A purely confirmatory measure, such as an act which contains 
no new factors as compared with a previous measure adversely affecting the 
applicant and which has not therefore replaced it, cannot be described as an act 
adversely affecting the applicant. 
(see paras 22 and 23) 
See: 23/80 Grasselli v Commission [1980] ECR 3709, para. 18; 204/85 Streghili v Court 
of Auditors [1987] ECR 389, para. 6; T-14/91 Weyrich v Commission [1991] ECR II-235, 
para. 35; T-82/92 Cortes Jiminez and Others v Commission [1994] ECR-SC I-A-69 and 
II-237, para. 14; T-173/95 Biedermann and Others v Court of Auditors [1998] ECR-SC 
I-A-273 and II-831, para. 39; T-130/96 Aquilino v Council [1998] ECR-SC I-A-351 and 
II-1017, para. 34 
I-A - 126