Order — ECLI:EU:F:2009:133
Date: 2009-09-29
Language of the case: English
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: General
Procedure: Staff cases

Summary Officials – Actions – Action for failure to act – Lack of jurisdiction of the Civil Service Tribunal (Arts 232 EC and 236 EC; Staff Regulations, Art. 91) An action which does not seek the annulment of an act adversely affecting the applicant, but a finding that an institution has unlawfully omitted to act, and which was preceded by the procedure for calling upon an institution to act provided for in Article 232 EC and is clearly presented as being based on Article 232 EC is an action for failure to act which, pursuant to the first subparagraph of Article 225(1) EC and the first paragraph of Article 51 of the Statute of the Court of Justice, falls within the jurisdiction of the Court of First Instance. That finding is not called into question by the fact that the action in question originates in the employment relationship between an institution and a person to whom the Staff Regulations apply and that it therefore falls within the scope of Article 236 EC. The question whether, in such a dispute, the applicant may bring an action for failure to act, even though he has, under Articles 90 and 91 of the Staff Regulations, the possibility of challenging the administration’s failure to act by an action against an implied decision rejecting a request, may be adjudicated on only by the court having jurisdiction to rule on actions for failure to act, namely the Court of First Instance, and not by the Civil Service Tribunal. (see paras 20-23) See: Judgment of 6 July 2009 in T-176/04 DEP Marcuccio v Commission, not published in the ECR, paras 23 to 27; judgment of 9 July 2009 in T-176/08 Infeurope v Commission, not published in the ECR, paras 36 to 40