Judgment — ECLI:EU:C:2008:134
Date: 2008-02-28
Language of the case: French
Court formation: Third Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Conditions for admission;Appeals;Specific cases;Recruitment;General;Ex post regularisation of an inadequate statement of reasons;Sufficient compensation provided by annulment of the act
Procedure: Appeal;Staff cases;Action for damages

Summary 1. Appeals – Grounds – Admissibility – Examination by the Court of its own motion 2. Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Error of law relied on not identified – Inadmissible (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court, Art. 112(1)(c)) 3. Officials – Actions – Interest in bringing proceedings – Actions for annulment brought against an appointment by an applicant who could not himself be appointed – Inadmissible (Staff Regulations of Officials, Arts 90 and 91) 4. Officials – Decision adversely affecting an official – Rejection of candidature – Obligation to state the reasons on which the decision is based – Regularisation of a lack of reasoning during the procedure before the Court – Conditions (Art. 253 EC; Staff Regulations of Officials, Arts 25, second para., and 90(2)) 5. Officials – Contract staff – Recruitment – Assessment of the suitability of candidates – Discretion of the Selection Board – Judicial review – Limits (Staff Regulations of Officials, Annex III; Conditions of Employment of Other Servants, Art. 82) 6. Officials – Actions – Actions for damages – Annulment of the illegal act in dispute – Sufficient compensation (Staff Regulations of Officials, Art. 91)