JUDGMENT OF THE CIVIL SERVICE TRIBUNAL (Full Court)

24 June 2008

Case F-116/05

Maria Concetta Cerafogli and Paolo Poloni

v

European Central Bank (ECB)

(Civil service – ECB staff – Remuneration – Method of calculation of annual salary adjustment – Enforcement of a judgment of the Community judicature – Confirmatory act – Inadmissibility)

Application: brought under Article 36.2 of the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, annexed to the EC Treaty, in which Mrs Cerafogli and Mr Poloni seek in particular and essentially, first, annulment of their salary slips for the month of July 2001, as drawn up by the ECB in February 2005, in enforcement of the judgment of the Court of First Instance of 20 November 2003 in Case T‑63/02 Cerafogli and Poloni v ECB [2003] ECR II‑4929, and, second, the award of damages.

Held: The action is dismissed as inadmissible. Each party is to bear its own costs.

Summary

Officials – Staff of the European Central Bank – Action – Act adversely affecting an official – Definition – Confirmatory act – Not included

(Protocol on the Statute of the European System of Central Banks and of the European Central Bank, Art. 36.2; Staff Regulations, Arts 90 and 91; Conditions of Employment for Staff of the European Central Bank, Art. 42)

The case-law according to which the act adversely affecting the applicant is the act that directly and immediately affects the legal situation of the person concerned, which is not how a purely confirmatory measure, such as an act which contains no new factors as compared with a previous measure adversely affecting the applicant, can be described, must be applied by analogy to actions based on Article 36.2 of the Protocol on the Statute of the European System of Central Banks and of the European Central Bank and on Article 42 of the Conditions of Employment for Staff of the European Central Bank.

(see paras 41-43)

See:

204/85 Stroghili v Court of Auditors [1987] ECR 389, para. 6

T-14/91 Weyrich v Commission [1991] ECR II‑235, para. 35; T‑173/95 Biedermann and Others v Court of Auditors [1998] ECR‑SC I‑A‑273 and II‑831, para. 39