Order — ECLI:EU:T:2001:38
Date: 2001-02-02
Language of the case: French
Court formation: Fourth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Specific cases of acts having adverse effect
Procedure: Staff cases - inadmissible

SUMMARY — CASE T-97/00 
Summary 
Officials - Actions - Act adversely affecting official - Definition — Letter 
addressed to a member of the temporary staff reminding him of the date of expiry 
of his contract of employment — Inadmissible 
Only measures producing binding legal effects of such a kind as to affect the 
applicant's interests directly and immediately by bringing about a distinct change in 
his legal position constitute acts or decisions against which an action for annulment 
may be brought. 
An institution does not alter the legal position of a member of the temporary staff 
in any way when it informs him, in a letter, that his contract will end on the date 
normally envisaged. In the absence of a request from him, pursuant to Article 90(1) 
of the Staff Regulations, for an extension of his contract, followed by either a reply 
in the negative or no reply from the institution, only the contract of employment 
produces legal effects as far as he is concerned. He is therefore not properly entitled 
to submit a complaint and bring an action for annulment against a purely 
informative letter drawing attention to the date of expiry of the contract of 
employment. 
(see paras 13-14) 
See: 60/81 IBM v Commission [1981] ECR 2639, para. 9; 53/85 AKZO Chemie v 
Commission [1986] ECR 1965, para. 16; 329/85 Castagnoli v Commission [1987] 
ECR 3281, paras 10 to 12; 95/87 Contini v Commission [1988] ECR 2537, paras 8 to 10; 
T-17/90, T-28/91 and T-17/92 Camara Alloisio and Others v Commission [1993] ECR 
II-841, para. 39; T-562/93 Obst v Commission [1995] ECR-SC I-A-247 and II-737, 
para. 23 
I-A - 24