Order — ECLI:EU:T:2003:91
Date: 2003-04-01
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Conditions of Employment of Other Servants of the European Communities;Act adversely affecting the official;General
Procedure: Staff cases - inadmissible

SUMMARY — CASE T-11/01 
Summary 
1. Officials - Actions - Prior administrative complaint - Existence of an act 
adversely affecting the official - Obligation to submit the complaint directly 
(Staff Regulations, Art. 90(2)) 
2. Officials - Actions - Act adversely affecting an official - Definition -
Contract of employment of a member of the temporary staff - Initial contract where 
extended unaltered 
(Staff Regulations, Art. 90(2)) 
3. Officials - Temporary staff - Members subject exclusively to the conditions of 
employment of other servants - Discrimination by comparison with all other 
employees - None 
1. Where the competent authority has taken a decision which has adversely affected 
the member of staff concerned, he may no longer open the pre-litigation procedure 
at the stage of a request, but must directly submit a complaint directed against the 
act adversely affecting him, as required by Article 90(2) of the Staff Regulations. 
(see para. 33) 
See: T-14/91 Weyrich v Commission [1991] ECR II-235, para. 34; T-113/95 Mancini v 
Commission [1996] ECR-SC I-A-185 and II-543, para. 28 
I-A - 118 
MASCETTI v COMMISSION 
2. Where the nature of a contract was expressly agreed upon in the initial contract 
of employment, in the absence of any alteration of that characterisation, in particular 
when that contract was extended, the initial contract of employment constitutes the 
act adversely affecting the member of staff concerned as provided for in 
Article 90(2) of the Staff Regulations. 
(see para. 41) 
See: 302/85 Pressler-Hoeft v Court of Auditors [1987] ECR 513, para. 4; 329/85 
Castagnoli v Commission [1987] ECR 3281, paras 10 and 11; 289/87 Giubilini v 
Commission [1988] ECR 1735, para. 9; 95/87 Contini v Commission [1988] ECR 2537, 
para. 8; T-137/99 and T-18/00 Martínez Páramo and Others v Commission [2002] 
ECR-SC I-A-119 and II-639, para. 531 
3. The Conditions of Employment of other Servants, in conjunction with the Staff 
Regulations of Officials, to which Article 46 of the Conditions of Employment 
refers so far as appeals are concerned, governs the employment relationships of 
members of the temporary staff to the exclusion of any other system of rules, and 
the fact that Community staff, unlike other employees in the country in which they 
are working, are subject to a system of rules established by Community law cannot 
be regarded as discriminatory treatment. 
(see para. 45) 
See: 257/85 Dufay v Parliament [1987] ECR 1561, paras 12 and 13 
I-A- 119