Judgment — ECLI:EU:T:1998:178
Date: 1998-07-16
Language of the case: French
Court formation: Fifth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Conditions of admissibility;Admissibility and examination of applications, forms of order sought and pleas in law;Time-limits
Procedure: Staff cases - successful

summary form, in the application. 
The action is also inadmissible for want of a proper pre-litigation procedure. First, 
under the system of remedies established by Articles 90 and 91 of the Staff 
Regulations and Article 179 of the Treaty, an action seeking compensation for 
damage caused not by an act adversely affecting an official the annulment of which 
is sought, but by various alleged wrongful acts and omissions on the part of the 
administration, must be preceded by a two-stage administrative procedure, failing 
which it will be inadmissible. That procedure must commence with the submission 
of a request within the meaning of Article 90(1) of the Staff Regulations calling 
upon the appointing authority to make good the alleged damage and continue with 
the submission of a complaint under Article 90(2) of the Staff Regulations against 
the decision rejecting that request. In this case, there was no two-stage pre-litigation 
procedure. Moreover, the action does not comply with the mie requiring 
consistency between the preliminary administrative complaint and the action before 
the Court. By virtue of that rule, the claims submitted to the Court must have the 
same subject-matter as those set out in the preliminary administrative complaint and 
must only contain grounds of challenge having the same basis as those raised in the 
complaint, failing which they will be inadmissible (paragraphs 56 to 58). 
See: T-500/93 F v Court of Justice [1996] ECR-SC 11-977, paras 64 to 68 
Operative part: 
The Parliament shall reimburse the applicant the amounts withheld from his 
remuneration from 1 November 1993 to 19 January 1996. That sum shall be 
increased by default interest of 8% from 5 March 1996. 
For the rest, the application is dismissed. 
I-A - 434