Order — ECLI:EU:F:2011:75
Date: 2011-06-10
Language of the case: French
Court formation: Third Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - inadmissible

Summary 1. Officials — Actions — Act adversely affecting an official — Account drawn up by the Joint Sickness Insurance Scheme on the basis of Article 72 of the Staff Regulations — Not included (Staff Regulations, Arts 90 and 91) 2. Officials — Actions — Prior administrative complaint — Complaint lodged before request was rejected — Inadmissibility (Staff Regulations, Art. 90(1)) 1. An action seeking annulment of the refusal to grant an official additional reimbursement under Article 73(3) of the Staff Regulations and which is expressly directed against an account drawn up by the Joint Sickness Insurance Scheme on the basis of Article 72 of the Staff Regulations must be dismissed as inadmissible, since that account does not contain any act adversely affecting the official adopted on the basis of Article 73(3) of the Staff Regulations. (see para. 34) 2. A complaint prior to an implied decision rejecting a request, which constitutes the act adversely affecting an official, cannot relate to that act. The action must therefore be declared manifestly inadmissible because of the premature nature of the complaint. (see paras 37, 38) See: 1 December 1994, T‑79/92 Ditterich v Commission, paras 45 to 47; 15 November 2006, T‑115/05 Jiménez Martínez v Commission, para. 33