Order — ECLI:EU:F:2008:100
Date: 2008-07-15
Language of the case: French
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Concept
Procedure: Staff cases;Action for damages

Summary Officials – Actions – Act adversely affecting an official – Definition – Purely confirmatory measure – Not included (Staff Regulations, Arts 90(2) and 91(1)) An action for annulment of a measure merely confirming a previous decision which was not challenged within the prescribed period is inadmissible. A decision is a mere confirmation of an earlier decision where it contains no new factors as compared with the earlier measure and is not preceded by any re-examination which is genuine and detailed, or based on new factors, of the situation of the person to whom the earlier measure was addressed. The correction of a material error not affecting the actual content of the measure does not, in itself, constitute a new decision. (see paras 45, 47, 60) See: 54/77 Herpels v Commission [1978] ECR 585, paras 11 to 14; 23/80 Grasselli v Commission [1980] ECR 3709, para 18; 294/84 Adams and Others v Commission [1986] ECR 977, paras 14 to 16; C-30/93 AC‑ATEL Electronics Vertriebs [1994] ECR I‑2305, para. 24 T‑191/96 and T‑106/97 CAS Succhi di Frutta v Commission [1999] ECR II‑3181, para. 60; T-83/99 to T-85/99 Ripa di Meana and Others v Parliament [2000] ECR II‑3493, paras 33 and 34 F-78/06 Suhadolnik v Court of Justice [2006] ECR-SC I-A-1-191 and II-A-1-795, paras 31 and 32