Judgment — ECLI:EU:T:2001:269
Date: 2001-11-15
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;Freedom of trade union activity
Procedure: Staff cases - successful

SUMMARY - CASE T-349/00 
Held: The 'Operational Rules on the consultation levels, the 
consultation body and related procedures' agreed between 
the Commission and the majority of the trade unions and 
staff associations on 19 January 2000 are annulled, in so 
far as they exclude the trade union 'Action & Défense' 
from the consultation body. The Commission is ordered to 
pay all the costs. 
Summary 
1. Officials - Actions - Act adversely affecting an official - Concept -
Operational rules excluding from the consultation body a trade union represented 
by an official 
(Staff Regulations, Art. 91(1)) 
2. Officials - Rights and obligations - Freedom of association - Right of trade 
unions and staff associations which are signatories of the framework agreement to 
participate in the consultation procedure — Exclusion of a trade union from the 
consultation body - Not permissible - Conditions 
1. In so far as the operational rules on the consultation levels, the consultation body 
and related procedures, agreed between the Commission and the majority of the 
trade unions and staff associations on 19 January 2000, exclude from the 
consultation body a trade union which was represented on it by an official, they 
affect his own situation by depriving him of the individual rights arising from his 
position as a trade union representative on that body. Consequently, the operational 
rules adversely affect him and give rise to an interest for him, within the meaning 
of Article 91(1) of the Staff Regulations, in contesting them with a view to their 
annulment. Even though the participation of a member of a trade union or staff 
I-A - 226 
LEBEDEF v COMMISSION 
association in the body engaging in consultations with the Commission is an 
advantage conferred on such a union or association on the basis of its electoral 
results and of the signature of the framework agreement of 20 September 1974 
concerning relations between the Commission and the trade unions and staff 
associations, it creates for the official in question specific individual rights, in 
particular those arising from point 15 of the framework agreement. 
(see paras 28-30) 
See: 193/87 and 194/87 Maurissen and European Public Service Union v Court of 
Auditors [1989] ECR 1045, paras 19 and 20; T-42/97 Lebedef v Commission [1998] 
ECR-SC I-A-371 and II-1071, para. 21 
2. The operational rules on the consultation levels, the consultation body and related 
procedures, agreed between the Commission and the majority of the trade unions 
and staff associations on 19 January 2000, must be annulled in so far as, despite the 
fact that point 2 of the framework agreement of 20 September 1974 concerning 
relations between the Commission and the trade unions and staff associations 
provides for the right of the signatory organisations to participate in the consultation 
procedure, they exclude from the consultation body a trade union which was 
represented on it and which, therefore, has ceased to be invited to its meetings. The 
operational rules infringe the framework agreement since they deprive the trade 
union of the right to participate in the consultation procedure, which was provided 
for by that agreement, and no basis for such removal of rights can be found in any 
other rule laid down by that agreement. Moreover, with regard to the possibility that 
the framework agreement may be revised by an agreement which has received the 
approval of the Commission and the majority of the trade unions and staff 
associations, there has been no procedure for the revision of the framework 
agreement. Furthermore, the framework agreement has not been terminated. 
(see paras 43-47, operative part) 
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