Order — ECLI:EU:T:2009:214
Date: 2009-06-22
Language of the case: French
Court formation: Appeals Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Appeals;Reopening
Procedure: Appeal;Staff cases;Action for damages

Summary 1. Appeals – Statement of pleas in law and legal arguments in the application – Plea not sufficiently precise – Inadmissibility (Rules of Procedure of the Court of First Instance, Art. 138(1)(c)) 2. Officials – Actions – Prior administrative complaint – Time-limits – Claim barred by lapse of time – Reopening – Condition – Substantial new fact (Staff Regulations, Arts 90 and 91) 1. An appeal before the Court of First Instance against a decision of the Civil Service Tribunal which does not contain any specific argument in support of an application for annulment, but merely refers to the ‘results of a documentary review of new facts’ to support a claim for damages does not meet the requirements of Article 138(1)(c) of the Rules of Procedure of the Civil Service Tribunal and must be dismissed as manifestly inadmissible. (see paras 24-25) 2. The unlawful appointment of an official does not affect the lawfulness of the measures which he is required to carry out in the performance of his duties. In particular, the unlawful appointment of a hierarchical superior cannot vitiate the latter’s decisions concerning an official’s staff report. The unlawfulness of an appointment cannot therefore be regarded as a substantial fact justifying an application for the reconsideration of staff reports which have not been challenged in good time. (see paras 39, 41-42)