Order — ECLI:EU:T:2001:181
Date: 2001-07-06
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Conditions of Employment of Other Servants of the European Communities;Status of official
Procedure: Staff cases - unfounded;Staff cases - inadmissible

SUMMARY - CASE T-375/00 
Summary 
Officials - Status of member of the temporary staff - Persons employed by a legal 
person governed by the law of a Member State — Excluded 
(Conditions of employment of other servants, Art. 2) 
The status of servant of the Communities cannot be conferred on a person whose 
employer is not the Commission or another institution of the Communities but a 
legal person governed by the law of a Member State, which cannot be regarded as 
an administrative unit of the institution in question. 
Consequently, by refusing to confer on persons made available to it by temporary 
employment agencies the status of member of the temporary staff, an institution 
does not commit, to the detriment of the persons concerned, an abuse of process or 
a breach of the principles of sound administration and sound personnel management. 
Conferment of such status is not possible inasmuch as the persons concerned have 
been engaged by undertakings governed by private law. 
(see paras 21, 23) 
See: 87/77,130/77,22/83, 9/84 and 10/84 Salerno and Others v Commission and Council 
[1985] ECR 2523, paras 42-47; 286/83 Alexis and Others v Commission [1989] 
ECR 2445, para. 11 
I-A - 160