Judgment — ECLI:EU:T:2019:231
Date: 2019-04-09
Language of the case: French
Court formation: Second Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - inadmissible;Action for damages - inadmissible

Judgment of the General Court (Second Chamber) of 9 April 2019 – Aldridge and Others v Commission (Case T‑319/17) (Civil service — Temporary staff — OLAF — Contract for an indefinite period — Decision of the Director of OLAF establishing a one-off reclassification to the next higher grade — Request for an annual reclassification procedure to be launched — Measure of a general nature — Time-limit for bringing an action — Point from which time stars to run — Publication on the intranet — Inadmissibility) 1. Actions brought by officials — Prior administrative complaint — Time-limits — Mandatory (Staff Regulations of Officials, Arts 90 and 91) (see paras 27, 28) 2. Actions brought by officials — Acts adversely affecting an official — Meaning — Measure of general scope — Action by an official directed against a decision of the appointing authority establishing a one-off reclassification to the next higher grade — Included (Staff Regulations of Officials, Arts 90 and 91) (see paras 42-47, 49, 51) 3. 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 para. 48) 4. Actions brought by officials — Time-limits — Point from which time starts to run — Notification — Meaning — Decision brought to the attention of staff by means of publication on the institution’s intranet site — Included (Staff Regulations of Officials, Arts 90(2) and 110(4)) (see paras 52, 54) 5. 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 para. 64) Re: Application on the basis of Article 270 TFEU and seeking, first, the annulment of the decision of the Director-General of the European Anti-Fraud Office (OLAF) dated 15 July 2016 rejecting the applicants’ request seeking the implementation of an annual reclassification procedure and of the decision of the Director-General of OLAF dated 13 February 2017 rejecting the complaint brought against the decision dated 15 July 2016 and, secondly, the payment of compensation in respect of the material and non-material harm allegedly suffered by the applicants. Operative part The Court: 1. Dismisses the action; 2. Declares that Mr Adam Aldridge and the other members of the temporary staff and former members of the temporary staff of the European Anti-Fraud Office (OLAF) whose names are set out in the annex are to bear their own costs and orders them to pay the costs incurred by the European Commission.