61979O0048(01)

OFFICIALS - APPLICATIONS TO THE COURT - ACT ADVERSELY AFFECTING OFFICIAL - CONCEPT - ACT OF APPOINTING AUTHORITY - ACTION DIRECTED AGAINST THE COMMISSION SEEKING ANNULMENT OF A COUNCIL REGULATION - INADMISSIBILITY

( EEC TREATY , ART . 179 ; STAFF REGULATIONS OF OFFICIALS , ART . 91 ( 2 ))

ACCORDING TO ARTICLE 91 ( 2 ) OF THE STAFF REGULATIONS ACTIONS BY OFFICIALS INSTITUTED UNDER ARTICLE 179 OF THE EEC TREATY MUST BE DIRECTED AGAINST THE APPOINTING AUTHORITY AND RELATE TO ACTS OR OMISSIONS OF THAT AUTHORITY WHICH ADVERSELY AFFECT THE APPLICANTS . AN ACTION DIRECTED AGAINST THE COMMISSION SEEKING ANNULMENT OF A COUNCIL REGULATION DOES NOT SATISFY THAT CONDITION .

IN CASE 48/79

MARINUS OOMS , NICHOLAS HAZES , PETER HANSEN , JOHANNES WILLEM HOFMAN , ALBERTO DOMENICO CARETTA , GEORGES RENE HERVO , ROGER BUYL , FRANS QUIK , BASTIAN STAL , OFFICIALS OF THE COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY VICTOR BIEL , OF THE LUXEMBOURG BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE LATTER ' S CHAMBERS , 18A RUE DES GLACIS ,

APPLICANTS ,

V

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER , JOSEPH GRIESMAR , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MARIO CERVINO , LEGAL ADVISER TO THE COMMISSION , JEAN MONNET BUILDING , KIRCHBERG ,

DEFENDANT ,

APPLICATION FOR THE ANNULMENT OF COUNCIL REGULATION ( EURATOM , ECSC , EEC ) NO 3085/78 OF 21 DECEMBER 1978 AND OF COUNCIL REGULATION ( EURATOM , ECSC , EEC ) NO 3086/78 OF 21 DECEMBER 1978 ( OFFICIAL JOURNAL L 369 OF 29 DECEMBER 1978 ),

ACCORDING TO THE PROVISIONS OF ARTICLE 91 ( 3 ) OF THE RULES OF PROCEDURE , AFTER THE LODGING OF THE OPPOSITE PARTY ' S SUBMISSIONS AND THE GROUNDS FOR THEM IN RELATION TO THE OBJECTION THE REMAINDER OF THE PROCEEDINGS SHALL BE ORAL UNLESS THE COURT DECIDES OTHERWISE . THE COURT CONSIDERS THAT IN THIS CASE IT IS SUFFICIENTLY INFORMED AND THAT THERE IS NO NEED FOR IT TO OPEN THE ORAL PROCEDURE .

THE APPLICATION IS CLEARLY INADMISSIBLE . ACCORDING TO ARTICLE 91 ( 2 ) OF THE STAFF REGULATIONS ACTIONS BY OFFICIALS INSTITUTED UNDER ARTICLE 179 OF THE EEC TREATY MUST BE DIRECTED AGAINST THE APPOINTING AUTHORITY AND RELATE TO ACTS OR OMISSIONS OF THAT AUTHORITY WHICH ADVERSELY AFFECT THE APPLICANTS . THE ACTION DOES NOT SATISFY THAT CONDITION SINCE IT RELATES TO THE ANNULMENT OF A COUNCIL REGULATION . THE COMMISSION , BY PARTICIPATING IN ACCORDANCE WITH THE SECOND SUBPARAGRAPH OF ARTICLE 24 ( 1 ) OF THE TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES EITHER AS AN INSTITUTION WHICH HAS BEEN CONSULTED OR BY REASON OF THE POWER OF MAKING PROPOSALS CONFERRED UPON IT BY THAT PROVISION , IN THE PREPARATION OF A COUNCIL REGULATION RELATING TO THE STAFF REGULATIONS , DOES NOT THEREBY COMMIT AN ACT ADVERSELY AFFECTING THE APPLICANTS WITHIN THE MEANING OF ARTICLE 91 OF THE STAFF REGULATIONS .

FURTHERMORE SINCE REGULATIONS NOS 3085/78 AND 3086/78 CONSTITUTE NEITHER A DECISION ADDRESSED TO THE APPLICANTS NOR A DECISION WHICH ALTHOUGH IN THE FORM OF A REGULATION IS OF DIRECT AND INDIVIDUAL CONCERN TO THEM , THE APPLICATION IS LIKEWISE INADMISSIBLE IN SO FAR AS IT IS BASED UPON ARTICLE 173 OF THE EEC TREATY .

ON THOSE GROUNDS ,

HAVING REGARD TO ARTICLES 69 , 70 AND 91 OF THE RULES OF PROCEDURE ;

THE ADVOCATE GENERAL HAVING BEEN HEARD ,

THE COURT ( FIRST CHAMBER )

HEREBY ORDERS AS FOLLOWS :

1 . THE APPLICATION IS DISMISSED AS INADMISSIBLE ;

2 . THE PARTIES SHALL PAY THEIR OWN COSTS .