Order — ECLI:EU:T:2015:288
Date: 2015-05-13
Language of the case: French
Court formation: Appeals Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Appeal - unfounded;Appeal - inadmissible;Staff cases

Summary 1. Actions brought by officials — Act having adverse effects — Definition — Decision of the appointing authority refusing to recognise the lawfulness of a decision taken by the local section of an institution’s staff committee to revoke one of its members appointed to the central staff committee — Included (Staff Regulations, Arts 90(2) and 91(1)) 2. Appeals — Pleas in law — Plea submitted for the first time in the context of the appeal — Inadmissibility (Rules of Procedure of the General Court, Arts 48(2), 139(2) and 144) 1. A note by which the appointing authority refuses to recognise the lawfulness of a local staff committee’s decision revoking the authority conferred on one of its members to represent it in the central staff committee constitutes an act having adverse effects as provided for in Article 90(2) and Article 91(1) of the Staff Regulations where it is clear from the content of that note that it constitutes the adoption of a final decision on the matter by the appointing authority, intended to produce binding legal effects. In that regard, the fact that the note does not immediately render the local staff committee’s decision ineffective, or annul that decision, does not alter the fact that the note is in the nature of a decision. (see paras 27, 28, 30, 31) See: Judgment of 8 March 1990 in Maindiaux and Others v ESC, T‑28/89, ECR, EU:T:1990:18, paras 33 and 34 2. To allow a party to put forward for the first time, before the appeal court, a plea in law which it did not raise at first instance, would be to authorise it to bring before the appeal court, whose jurisdiction in the matter is limited, a case of wider ambit than that which came before the first instance court. In an appeal, the jurisdiction of the appeal court is confined to review of the findings of law on the pleas argued before the court of first instance. (see para. 41) See: Judgment of 1 February 2007 in Sison v Council, C‑266/05 P, ECR, EU:C:2007:75, para. 95 and the case-law cited therein