Judgment — ECLI:EU:F:2015:125
Date: 2015-10-27
Language of the case: French
Court formation: Single Judge
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Staff cases - inadmissible

Summary Actions brought by officials — Purpose — Directions to the administration — Statements of law — Inadmissibility (Staff Regulations, Art. 91) The EU judicature has no power to give directions to the institutions. In an action brought under Article 91 of the Staff Regulations, heads of claim requesting the Civil Service Tribunal to address directions to the administration or to recognise the validity of certain pleas in law relied on in support of a claim for annulment are manifestly inadmissible, since it is not for the EU judicature to issue directions to the institutions of the Union or to make statements of law. That applies to claims requesting the Civil Service Tribunal to establish the existence of certain facts and to instruct the administration to adopt measures such as to reinstate the person concerned in their rights. (see paras 19, 20) See: Order of 29 June 2010 in Palou Martínez v Commission, F‑11/10, EU:F:2010:69, paragraphs 29 to 31, and judgment of 5 July 2011 in V v Parliament, F‑46/09, EU:F:2011:101, paragraph 63 and the case-law cited therein