Judgment — ECLI:EU:T:2014:861
Date: 2014-10-08
Language of the case: French
Court formation: Appeals Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Appeal - unfounded;Staff cases;Appeal - successful

Summary 1. Appeals — Pleas in law — Inadequate statement of reasons — Scope of the obligation to state reasons (Statute of the Court of Justice, Art. 36 and Annex I, Art. 7(1)) 2. Judicial proceedings — Statement of reasons for judgments — Scope — Obligation to rule on all the pleas in law and arguments submitted by the parties — None (Statute of the Court of Justice, Art. 36 and Annex I, Art. 7(1)) 1. Where a judgment of the Civil Service Tribunal does not allow the person concerned to know the reasons why the Tribunal did not uphold the arguments relied on in support of a claim for damages, and does not provide the General Court with sufficient material for it to exercise its powers of review, it must be held that there has been an infringement of the obligation to state reasons arising from Article 36 of the Statute of the Court of Justice, applicable to the Civil Service Tribunal pursuant to Article 7(1) of Annex I to that Statute. (see paras 46, 47) 2. In the interests of procedural economy and in accordance with the principle of the proper administration of justice, the Courts of the Union may give judgment in an action without necessarily having to rule on all the pleas in law and arguments put forward by the parties. That applies in particular in cases where the Union Courts find that the authority which issued the contested measure lacked competence. The defect of lack of competence, referred to primarily in the second paragraph of Article 263 TFEU, affects the very basis and, consequently, the raison d’être of the contested measure. Thus, in so far as a measure adopted by an authority lacking competence should not be included in the EU legal order, its content is, in principle, irrelevant. (see paras 54, 55) See: C‑23/00 P Council v Böhringer [2002] ECR I‑1873, para. 52