ZU v EEAS (not supplied - Order) [2019] EUECJ T-154/19_CO (20 December 2019)
The action was inadmissible because the applicant had not completed the pre-litigation procedure as required by the Staff Regulations; no act adversely affecting the applicant had been adopted at the time the action was brought.
- Citation
- [2019] EUECJ T-154/19_CO
- Parties
- Applicant: ZU; Defendant: European External Action Service (EEAS)
- Jurisdiction
- European Union
- Judgment Date
- 20 December 2019
- Procedural Posture
- Action for Annulment (civil Service) / Order on Admissibility (preliminary Objection)
- Outcome
- Action dismissed as inadmissible.
- Legal Topics
- Staff Regulations of Officials of the European Union, Mission Expenses, Admissibility of Actions, Pre Litigation Procedure, Acts Adversely Affecting Officials
Case Brief
Summary, issues, holding and outcome
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Parties
ZU
Applicant
European External Action Service (EEAS)
Defendant
Procedural Posture
Action for Annulment (civil Service) / Order on Admissibility (preliminary Objection)
Legal Issues
- 1 Whether the contested decision constituted an act adversely affecting the applicant
- 2 Whether the pre-litigation procedure was completed before the action was brought
- 3 Whether the action was premature and thus inadmissible
Ratio Decidendi
The action was inadmissible because the applicant had not completed the pre-litigation procedure as required by the Staff Regulations; no act adversely affecting the applicant had been adopted at the time the action was brought.
Court Disposition
Action dismissed as inadmissible.
Orders
- The action is dismissed as inadmissible.
- ZU shall pay the costs.
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