62021TO0434_INF
Order of the General Court (Eighth Chamber) of 10 February 2022 –TO v AEE
(Case T‑434/21)
(Civil service – Compliance with a judgment of the General Court – Decision which was not contested in time – Res judicata – Conditional undertaking given by the AECC in the context of an out-of-court settlement – Settlement offer not accepted by the applicant – No act adversely affecting the applicant – Inadmissibility)
1.
Actions brought by officials – Judgment annulling a measure – Effects – Obligation to implement – Administration’s failure to act – Possibility for the person concerned to lodge a prior administrative complaint
(Art. 266 TFEU; Staff Regulations of Officials, Art. 90(2))
(see para. 21)
2.
Actions brought by officials – Act adversely affecting an official – Concept – Administration’s out-of-court settlement offer subject to conditions and rejected by the addressee – Not included
(Staff Regulations of Officials, Arts 90 and 91)
(see paras 27-34, 36-38)
Operative part
1.
The action is dismissed as inadmissible.
2.
Orders TO to pay, in addition to her own costs, those incurred by the European Environment Agency (EEA).