EN
ReportsofCases
ECLI:EU:F:2010 :20 1ORDER OF THE CIVIL SERVICE TRIBUNAL
(Second Ch amber)
25 March 2010
Case F-47/08
Willy Busc hak
v
European Foundation for the Improvement of Living and W orking Conditions
(Civil service — European Foundation for the Improveme nt of Living and W orking Conditions — 
Job description o f the post of deputy dir ector — Action for annulment — Action for damages — 
Interest in bringing proceedings — Manifestly inadmissible)
Application:brought under Articles 236 E C and 152 E A, in which M r Buschak seeks, first, annulment 
of the decision a mending th e job description o f the post of deputy dir ector of the 
European F oundation f or th e Improveme nt of Living a nd W orking C onditions 
(Eurofound) and, in so far a s is necessary, annulment of the decision r ejecting his 
complaint, and second, an order that Eurofound pay him da mages of EUR 5 000.
Held: The action is dismissed as manifestly inadmissible. The applicant is ordered to pay all the 
costs.
Summ ary
1. Officials — Actions — Interest in bringing proceedings
(Staff Regulations, Arts 90 a nd 91)
2. Officials — Actions — Claim for compensation linked to a cl aim for annulment
(Staff Regulations, Arts 90 a nd 91)
3. Officials — Actions — Action for damages b rought without a p relitigation procedure in accordance 
with the Staff Regulations — Inadmissibility
(Staff Regulations, Arts 90 a nd 91)
1. In o rder for an o fficial or former official to b e able validly to bring proceedings under 
Articles 90 a nd 91 o f the Staff Regulations, he must have a pe rsonal interest in th e annulment of the 
contested me asure. Moreover, assessment of that interest in bringing proceedings must be made no t 
in th e abstract, but with regard t o th e situation o f the applicant at the time w hen proceedings are 
brought.
2 ECLI:EU:F:2010 :20SUMM ARY—CASEF-47/08
BUSCHAKvEUROFOUND
In so far as a s taff mem ber’s job description on ly affects his interests, as a r ule, while he is emp loyed in 
that post, an action f or annulment of a d ecision a mending that job description, brought b y the staff 
mem ber after his emp loyment in th at post has ceased, is inadmissible except where the applicant can 
prove th at th ere ar e special circumstances justifying a c urrent, pe rsonal interest in b ringing 
proceedings for that purpose.
(see paras 25, 27)
See:
T-97/94 N v C omm ission [1998 ] ECR-SC I- A-621 a nd II-1879 , paras 23 a nd 26; T-200/03 a nd T-313/03 V v 
Comm ission [2006 ] ECR-SC I-A-2-15 a nd II-A-2-57, para. 181
F-3/05 S chmit v C omm ission [2006 ] ECR-SC I- A-1-9 and II-A-1-33, paras 41 a nd 42; F-114/05 C ombescot v 
Comm ission [2006 ] ECR-SC I- A-1-115 a nd II-A-1-435, paras 44 a nd 46; F-44/05 S track v C omm ission [2008 ] 
ECR-SC I-A-1-303 a nd II-A-1-1609 , para. 74
2. In actions brought b y officials, a c laim for compe nsation f or damage must be rejected where it is 
closely related to a c laim for annulment which has itself been rejected either as inadmissible or as 
unfounded.
(see para. 33)
See:
T-1/91 D ella Pietra v C omm ission [1992 ] ECR II- 2145 , para. 34; T-330/03 L iakoura v C ouncil [2004 ] ECR-SC 
I-A-191 a nd II-859, para. 69; T-73/05 M agone v C omm ission [2006 ] ECR-SC I-A-2-107 a nd II-A-2-485, para. 103
F-5/06 E v C omm ission [2006 ] ECR-SC I- A-1-93 a nd II-A-1-337, para. 57; F-104/06 A rpaillange a nd O thers v 
Comm ission [2009 ] ECR-SC I-A-1-57 a nd II-A-1-273, para. 137
3. Where the alleged da mage does no t ari se out of the act whose annulment is sought b ut from a 
series of alleged wrongful acts and omissions on th e part of the administration, it is mandatory that the 
pre-litigation p rocedure should comme nce with a r equest for the appointing authority to make g ood 
that damage.
(see para. 39)
See:
T-17/90, T-28/91 a nd T-17/92 Ca mara Alloisio and Others v C omm ission [1993 ] ECR II- 841, para. 47; T-25/03 de 
Stefano v C omm ission [2005 ] ECR-SC I-A-125 a nd II-573, para. 78
Schmit v C omm ission, para. 48