Order — ECLI:EU:F:2008:5
Date: 2008-01-25
Language of the case: Dutch
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Admissibility and examination of applications, forms of order sought and pleas in law
Procedure: Staff cases

Summary 1. Procedure – Admissibility of pleadings – Assessment as at the time when the pleading is submitted (Rules of Procedure of the Court of First Instance, Art. 114) 2. Procedure – Objection of lis pendens 1. Just as the admissibility of an action must be assessed at the time when it is brought, the admissibility of other pleadings, such as a plea of inadmissibility, must be assessed at the time when they are submitted. Such an interpretation ensures respect for the principles of legal certainty and the protection of legitimate expectations . (see para. 42) See: 50/84 Bensider and Others v Commission [1984] ECR 3991, para. 8 T-236/00 R II Stauner and Others v Parliament and Commission [2001] ECR II‑2943, para. 49; T-219/01 Commerzbank v Commission [2003] ECR II‑2843, para. 61 2. An action which is between the same parties and has the same purpose on the basis of the same submissions as an action brought previously must be dismissed as inadmissible. (see para. 52) See: 172/83 and 226/83 Hoogovens Groep v Commission [1985] ECR 2831, para. 9; 358/85 and 51/86 France v Parliament [1988] ECR 4821, para. 12 judgment of 14 June 2007 in T-68/07 Landtag Schleswig-Holstein v Commission, not published in the ECR, para. 16