Order — ECLI:EU:C:2000:404
Date: 2000-07-13
Language of the case: French
Court formation: Second Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Effects of a declaration that a measure is void;General
Procedure: Appeal - unfounded;Appeal - inadmissible;Staff cases

Summary of the Order 
1. Actions for annulment — Judgment granting annulment — Effects — Obligation to 
adopt implementing measures — Scope — Account to be taken of both the grounds 
and operative part of the judgment 
(EC Treaty, Art. 176 (now Art. 233 EC)) 
2. Officials — Individual decision — Effects — Delay in notification — Effects 
(Staff Regulations, Art. 25, second subpara.) 
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SUMMARY — CASE C-8/99 P 
1. Pursuant to Article 176 of the Treaty 
(now Article 233 EC), in order to 
comply with a judgment granting 
annulment and to give it full effect, 
the institution which issued the 
annulled measure is required to have 
regard not only to the operative part of 
the judgment but also to the grounds 
which led to the judgment and consti­
tute its essential basis, in so far as they 
are necessary to determine the exact 
meaning of what is stated in the 
operative part. It is those grounds 
which, on the one hand, identify the 
precise provision held to be illegal and, 
on the other, indicate the specific 
reasons which underlie the finding of 
illegality contained in the operative 
part and which the institution con­
cerned must take into account when 
replacing the annulled measure. The 
procedure for replacing such a measure 
may thus be resumed at the very point 
at which the illegality occurred. 
(see paras 19-20) 
2. A delay in the notification of an 
individual decision to the person con­
cerned cannot entail the annulment of 
that decision, since its notification is an 
act subsequent to the decision and 
therefore has no influence on its con­
tent. 
(see para. 46) 
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