Order — ECLI:EU:F:2010:128
Date: 2010-10-26
Language of the case: English
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - inadmissible

Summary 1. Officials — Actions — Action against a decision rejecting a complaint — Admissibility (Staff Regulations, Arts 90 and 91; Conditions of Employment of Other Servants, Art. 117) 2. Officials — Actions — Conditions for admissibility — Proper observance of the preliminary administrative procedure (Staff Regulations, Arts 90 and 91; Conditions of Employment of Other Servants, Art. 117) 1. A claim seeking annulment of a decision rejecting a complaint has the effect of bringing before the Courts of the European Union the act adversely affecting the applicant against which the complaint was submitted. (see para. 23) See: 293/87 Vainker v Parliament [1989] ECR 23, para. 8 T-310/02 Theodorakis v Council [2004] ECR-SC I‑A‑95 and II‑427, para. 19; T‑80/04 Castets v Commission [2005] ECR-SC I‑A‑161 and II‑729, para. 15 2. Articles 90 and 91 of the Staff Regulations, applicable by analogy to members of the contract staff pursuant to Article 117 of the Conditions of Employment of Other Servants, make the admissibility of an action brought by an official against the institution to which he belongs conditional on the proper observance of the preliminary administrative procedure laid down thereunder. (see para. 24) See: 16/86 P. v ESC [1987] ECR 2409, para. 6 T-34/91 Whitehead v Commission [1992] ECR II‑1723, para. 18