Maurice Andre and others v Council and Commission of the European Communities. [1981] EUECJ C-219/228 (8 July 1981)
Applications are inadmissible against the Council as they are not directed against the appointing authority and the regulations cited are not of direct and individual concern to the applicants.
Source-derived case information.
- Citation
- [1981] EUECJ C-219/228
- Parties
- Applicant: Maurice André and others; Respondent: Council of the European Communities; Respondent: Commission of the European Communities
- Jurisdiction
- European Union
- Procedural Posture
- Joined Cases / Order on Admissibility
- Outcome
- applications dismissed as inadmissible against the Council
- Legal Topics
- Admissibility, Staff Regulations, Appointment Authority
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maurice André and others
Applicant
Council of the European Communities
Respondent
Commission of the European Communities
Respondent
Procedural Posture
Joined Cases / Order on Admissibility
Legal Issues
- 1 Are applications against the Council admissible under Article 91(2) of the Staff Regulations?
- 2 Do Regulations Nos 160/80 and 161/80 constitute decisions of direct and individual concern to the applicants under Article 173 of the EEC Treaty?
Ratio Decidendi
Applications are inadmissible against the Council as they are not directed against the appointing authority and the regulations cited are not of direct and individual concern to the applicants.
Court Disposition
applications dismissed as inadmissible against the Council
Orders
- the Council shall bear its own costs
- costs incurred by the applicants are reserved
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] Court of Justice of the European Communities (including Court of First Instance Decisions) You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Maurice Andre and others v Council and Commission of the European Communities. [1981] EUECJ C-219/228 (8 July 1981) URL: https://www.bailii.org/eu/cases/EUECJ/1981/C219228.html Cite as: [1981] EUECJ C-219/228 [ New search ] [ Help ] IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities . The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice . This electronic version is not authentic and is subject to amendment. 61980O0219 Order of the Court (First Chamber) of 8 July 1981. Maurice André and others v Council and Commission of the European Communities. Joined cases 219-228, 230-235, 237, 238 and 240-242/80. European Court reports 1981 Page 01879 JOINED CASES 219 TO 228 , 230 TO 235 , 237 , 238 AND 240 TO 242/80 MAURICE ANDRE AND OTHERS V COUNCIL OF THE EUROPEAN COMMUNITIES AND COMMISSION OF THE EUROPEAN COMMUNITIES ACCORDING TO THE PROVISIONS OF ARTICLE 91 ( 3 ) OF THE RULES OF PROCEDURE THE REMAINDER OF THE PROCEEDINGS ON THE OBJECTION RAISED , AFTER THE OPPOSITE PARTY HAS PUT FORWARD HIS SUBMISSIONS AND THE GROUNDS FOR THEM , IS TO BE ORAL UNLESS THE COURT DECIDES OTHERWISE . THE COURT TAKES THE VIEW THAT IN THIS CASE IT HAS SUFFICIENT INFORMATION AND THAT THERE IS NO NEED TO OPEN THE ORAL PROCEDURE . THE APPLICATIONS ARE OBVIOUSLY INADMISSIBLE IN SO FAR AS THEY ARE DIRECTED AGAINST THE COUNCIL . ACCORDING TO ARTICLE 91 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS ACTIONS BROUGHT BY OFFICIALS UNDER ARTICLE 179 OF THE EEC TREATY MUST BE DIRECTED AGAINST THE APPOINTING AUTHORITY . TO THE EXTENT TO WHICH THEY ARE DIRECTED AGAINST THE COUNCIL , THESE ACTIONS DO NOT SATISFY THAT CONDITION . FURTHERMORE , AS REGULATIONS NOS 160/80 AND 161/80 ARE NEITHER DECISIONS ADDRESSED TO THE APPLICANTS NOR DECISIONS WHICH , ALTHOUGH IN THE FORM OF REGULATIONS , ARE OF DIRECT AND INDIVIDUAL CONCERN TO THEM , THE APPLICATIONS ARE EQUALLY INADMISSIBLE IN SO FAR AS THEY ARE BASED ON ARTICLE 173 OF THE EEC TREATY . ON THOSE GROUNDS , HAVING REGARD TO ARTICLES 69 , 70 AND 91 OF THE RULES OF PROCEDURE AND TO THE VIEWS OF THE ADVOCATE GENERAL , THE COURT ( FIRST CHAMBER ) COMPOSED OF : T . KOOPMANS , PRESIDENT OF CHAMBER , A . O ' KEEFFE AND G . BOSCO , JUDGES , ADVOCATE GENERAL : S . ROZES REGISTRAR : A . VAN HOUTTE HEREBY ORDERS AS FOLLOWS : 1 . THE APPLICATIONS ARE DISMISSED AS INADMISSIBLE IN SO FAR AS THEY ARE DIRECTED AGAINST THE COUNCIL . 2 . THE COUNCIL SHALL BEAR ITS OWN COSTS ; THE COSTS INCURRED BY THE APPLICANTS ARE RESERVED . © European Communities, 2001 All rights reserved BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/EUECJ/1981/C219228.html