Order — ECLI:EU:T:2018:805
Date: 2018-11-16
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 - unfounded;Action for damages - unfounded

Order of the General Court (First Chamber) of 16 November 2018 – OT v Commission (Case T‑576/16) (Civil service — Members of the temporary staff — Candidature submitted for the post of Director of the EMCDDA — Rejection of the candidature — Lis pendens — Rejection of a request for assistance — No interest in bringing proceedings — Action in part manifestly inadmissible and in part manifestly unfounded) 1. Judicial proceedings — Objection of lis pendens — Same parties, subject-matter and submissions in two actions — Inadmissibility of the second action (see paras 44-46, 86, 87) 2. Actions brought by officials — Interest in bringing proceedings — Need for an actual and current interest — Assessment at the time when the action was lodged — Action capable of securing a benefit for the applicant (Staff Regulations of Officials, Arts 90 and 91) (see paras 53, 54) 3. Officials — Actions — Interest in bringing proceedings — Action for the annulment of the appointment of another official — Applicant not eligible for appointment — Inadmissibility (Staff Regulations of Officials, Arts 90 and 91) (see paras 62-69) 4. Actions brought by officials — Application for damages linked to an application for annulment — Dismissal of claim for annulment leading to dismissal of the claim for compensation (Staff Regulations of Officials, Art. 91) (see paras 89, 96, 97) Re: Application on the basis of Article 270 TFEU and seeking, on the one hand, annulment (i) of ‘the decision of 26 September 2014 of [the Commission] refusing to accept the [a]pplicant’s candidature for the post of Director of the European Monitoring Centre for Drugs and Drug Addiction’ (EMCDDA), (ii) of the decision of 9 April 2015, by which the Commission rejected her complaint against that decision and the request for assistance, and, (iii) of the decision of 22 October 2015, by which the Commission rejected her complaint against the rejection of her request for assistance, and, on the other hand, compensation in respect of the material and non-material harm allegedly suffered by the applicant. Operative part 1. The action is dismissed. 2. OT shall pay the costs.