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Document 61979CJ0543
Sumario de la sentencia
Sumario de la sentencia
1 . OFFICIALS - APPLICATION TO THE COURT - ACTION AGAINST A REGULATION - INADMISSIBILITY
( EEC TREATY , ART . 173 AND EAEC TREATY , ART . 146 ; STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 ; COUNCIL REGULATIONS NO 3085/78 AND NO 3086/78 AMENDING THE STAFF REGULATIONS OF OFFICIALS )
2 . OFFICIALS - ACTION FOR DAMAGES - INDEPENDENT NATURE COMPARED TO ACTION FOR ANNULMENT - LIMITS
1 . AN ACTION FOR THE ANNULMENT OF REGULATION NO 3085/78 AND NO 3086/78 OF THE COUNCIL IS INADMISSIBLE SINCE THE REGULATIONS IN QUESTION ARE OF GENERAL APPLICATION AND CANNOT BE ASSIMILATED TO DECISIONS WHICH , ALTHOUGH TAKEN IN THE FORM OF REGULATIONS , ARE OF DIRECT AND INDIVIDUAL CONCERN TO OFFICIALS .
2 . A PARTY MAY TAKE ACTION BY MEANS OF A CLAIM FOR COMPENSATION WITHOUT BEING OBLIGED TO SEEK THE ANNULMENT OF THE ILLEGAL MEASURE WHICH CAUSES HIM DAMAGE . HOWEVER , THE PARTY MAY NOT BY THAT MEANS ATTEMPT TO OBTAIN A RESULT SIMILAR TO THE ANNULMENT OF THE MEASURE WHERE THE APPLICATION FOR ANNULMENT CONCERNING THAT MEASURE WOULD BE INADMISSIBLE .