JUDGMENT OF THE COURT OF FIRST INSTANCE (First Chamber)

31 March 2003

Case T-227/02

André Hecq

v

Commission of the European Communities

‛Action for annulment — Time-limits — Inadmissibility’

Full text in French   II-571

Application for:

the annulment of the Commission decision of 15 June 2001, approving the agreement between Vice President Kinnock and the trade unions and staff associations of the Commission concerning the resources available to staff representatives and the rules on the resources available to staff representatives from 1 January 2002.

Held:

The action is dismissed as inadmissible. Each party is to pay its own costs.

Summary

Officials — Actions — Standing to bring proceedings — Representative of a trade union or staff association — None

(Arts 230 EC and 236 EC)

A trade union or staff association, even if it comprises officials or other servants of the European Communities, cannot bring proceedings under Article 236 EC, but only under Article 230 EC. Therefore, an action brought by an official in his capacity as general secretary and representative of such a trade union or staff association must be dismissed as inadmissible where it has not been brought within the time-limit set out in Article 230 EC.

(see paras 15, 17, 23)

See: 175/73 Union Syndicale and Others v Council [1974] ECR 917, paras 13 to 20