Order of the General Court (Sixth Chamber) of 27 February 2019

Data

Court: General Court

Case date: 27 februari 2019

Verdict

Order of the General Court (Sixth Chamber) of 27 February 2019 –
SFIE-PE v Parliament

(Case T‑401/18)

"(Action for annulment - Institutional law - Interpreters’ strike - Measures requisitioning interpreters adopted by the European Parliament - Measure not open to challenge - No individual concern - Inadmissibility)"

1. Judicial proceedingsDecision replacing in the course of proceedings a contested decision since withdrawnAdmissibility of new pleasLimitsHypothetical measures not yet adopted

(see paras 29, 30, 32)

2. Fundamental rightsRight to effective judicial protectionLimitsCompliance with the conditions governing the admissibility of an action

(Art. 6(1) TEU; Art. 263 TFEU; Charter of Fundamental Rights of the European Union, Arts 47 and 52(7))

(see para. 33)

3. Action for annulmentNatural or legal personsMeasures of direct and individual concern to themAction brought by a trade association set up to protect and represent its membersAdmissibilityConditions

(Art. 263, fourth para. TFEU)

(see paras 44, 56, 61, 62)

4. Actions brought by officialsApplication for damages linked to an application for annulmentInadmissibility of the application for annulment entailing inadmissibility of the claim for compensation

(Staff Regulations of Officials, Arts 90 and 91)

(see para. 66)

Re:

Application under Articles 263 and 268 TFEU seeking, first, the annulment of the decision of 2 July 2018 of the Director General of Personnel of the Parliament requisitioning interpreters and conference interpreters for 3 July 2018 and the subsequent decisions of the Director General of Personnel of the Parliament requisitioning interpreters and conference interpreters for 4, 5,10 and 11 July 2018 and, second, an order that the Parliament make good the non-pecuniary harm caused by those decisions assessed ex aequo et bono at EUR 10 000.

Operative part

1. The action is dismissed as inadmissible.

2. There is no need to adjudicate on the application for leave to intervene made by the Council of the European Union.

3. The Syndicat des fonctionnaires internationaux et européens — Section du Parlement européen (SFIE-PE) shall pay the costs, including the costs of the interim proceedings, with the exception of those related to the application for leave to intervene made by the Council.

4. The SFPI-PE, the European Parliament and the Council shall each bear their own costs of the application for leave to intervene made by the Council.