Order — ECLI:EU:T:2000:202
Date: 2000-07-31
Language of the case: French
Court formation: Third 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-43/00 
Summary 
Officials - Action - Act adversely affecting an official - Confirmatory act -
Exclusion — Request for internal competition to be reclassified 
(Staff Regulations, Arts 90 and 91) 
An act cannot be described as adversely affecting an official if it contains no new 
factor as compared with a previous measure and has not therefore replaced it. Such 
an act is not open to challenge. 
In that respect, a request for the reclassification of an internal competition for 
passage from one category to another, submitted by officials who had been 
successful but who had not been included in the list of suitable candidates on 
account of the limited number of posts which the competition was intended to fill, 
can have no other purpose, as far as they are concerned, than to enable their names 
to be included on the list. Accordingly, the rejection by the appointing authority of 
such a request merely confirms the decision not to include them in the list and 
consequently constitutes a confirmatory act. 
(see para. 23) 
See: T-82/92 Cortes Jimenez and Others v Commission [1994] ECR-SC I-A-69 and 
II-237, para. 14; Case T-40/98 Pagliarani v Commission [1998] ECR-SC I-A-515 and 
II-1555, para. 28 
I-A - 164