Judgment — ECLI:EU:F:2009:122
Date: 2009-09-24
Language of the case: French
Court formation: Second Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Action brought by an official who has not been promoted;General
Procedure: Staff cases - unfounded

Summary Actions for annulment – Pleas in law – Invalid plea in law In an action for annulment, where a plea, in the event that it is well founded, is not such as to lead to the annulment sought by the applicant, that plea must be regarded as invalid. Therefore, where an official who is paid from the appropriations of one of the parties under the general budget brings an action against a decision of the Commission not to promote him, even though he could not have been promoted because he had not accumulated sufficient points for promotion, he must be regarded as not having a legitimate interest in obtaining annulment of a decision which could only be taken again, in an identical form, concerning him. (see paras 61-62) See: C-46/98 P EFMA v Council [2000] ECR I‑7079, paras 37 and 38; C‑76/01 P Eurocoton and Others v Council [2003] ECR I‑10091, para. 52 T-432/04 Parlante v Commission [2007] ECR-SC I‑A‑2‑0000 and II‑A‑2‑0000, para. 38