CELEX: 62006FO0051
Language: en
Date: 2007-06-20 00:00:00
Title: Order of the Civil Service Tribunal (First Chamber) of 20 June 2007. # Sabrina Tesoka v European Foundation for the Improvement of Living and Working Conditions (FEACVT). # Public service - Manifest inadmissibility. # Case F-51/06.

ORDER OF THE CIVIL SERVICE TRIBUNAL 
      (First Chamber)
      20 June 2007 
      Case F-51/06
      Sabrina Tesoka
      v
      European Foundation for the Improvement of Living and Working Conditions (Eurofound)
      (Civil service – Members of the temporary staff – European Foundation for the Improvement of Living and Working Conditions – Resignation – Action for annulment and damages – No decision adversely affecting an individual – Manifest inadmissibility)
      Application: brought under Articles 236 EC and 152 EA, in which Mrs Tesoka seeks, first, annulment of Eurofound’s decision of 14 October
         2005 rejecting her claim for the damages to which she alleges she is entitled on account of the termination of her employment
         in the Foundation, and the return of the documents necessary to enable her to obtain unemployment benefits in her country
         of residence, and secondly, damages.
      
      Held: The action is dismissed as manifestly inadmissible. The parties are to bear their own costs.
      
      Summary
      1.      Officials – Actions – Act adversely affecting an individual – Definition 
      (Staff Regulations, Art. 91; Council Regulation No 1365/75, Art. 17(2); Commission Regulation No 91/88)
      2.      Procedure – Application initiating proceedings – Formal requirements 
      (Rules of Procedure of the Court of First Instance, Art. 44(1)(c))
      1.      Only acts producing binding legal effects capable of affecting, directly and individually, the interests of the parties concerned
         by bringing about a distinct change in their legal situation can be considered to affect them adversely. Moreover, certain
         decisions, even though they do not affect the pecuniary interests or rank of the official in question, may be regarded, in
         the light of the nature of the functions concerned and the circumstances, as acts adversely affecting that official if they
         adversely affect his non-pecuniary interests or future prospects.
      
      That does not apply to a letter from the Director of the European Foundation for the Improvement of Living and Working Conditions
         stating that he cannot grant the request of a former member of the temporary staff to withdraw her decision to resign. Such
         a letter does not affect the situation of the individual concerned under the Staff Regulations, since that situation has in
         fact been determined by her decision to resign, which took immediate effect.
      
      The legal situation of the individual concerned is also not changed by the fact that the Foundation explained, in the same
         letter, that she did not need documents from the administration in order to register with her national employment service.
         Furthermore, that explanation cannot be interpreted as a refusal on the part of the administration to release those documents.
      
      (see paras 39-43)
      See:
      35/72 Kley v Commission [1973] ECR 679, paras 4 and 5; 125/80 Arning v Commission [1981] ECR 2539, para. 17; C-32/92 P Moat v Commission [1992] ECR I‑6379, para. 9; C-373/04 P Commission v Alvarez Moreno [2006] ECR I‑1*, para. 42
      
      2.      A claim for annulment of an application made by a former member of the temporary staff seeking to obtain, without going into
         detail and using imprecise terms, all the allowances and advantages, in other words the financial benefits, to which that
         person can lay claim by reason of her resignation, does not satisfy the conditions laid down by Article 44(1)(c) of the Rules
         of Procedure of the Court of First Instance.
      
      (see paras 49-50)
      See:
      T-72/92 Benzler v Commission [1993] ECR II‑347, paras 16, 18 and 19