ORDER OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL

(First Chamber)

15 April 2013

Case F‑1/12

Henrik Andersen

v

Court of Auditors of the European Union

(Civil service — Officials — Retirement on grounds of invalidity — Article 78 of the Staff Regulations — Action in part manifestly inadmissible and in part manifestly unfounded)

Application:      under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof, in which Mr Andersen seeks, essentially, the annulment of the decision of 21 January 2011 of the Secretary General of the Court of Auditors of the European Union rejecting his application for compensation for losses suffered as a result of his retirement, and payment by the Court of Auditors of damages for that harm.

Held:      The action is dismissed as in part manifestly inadmissible and in part manifestly unfounded. Mr Andersen is to bear his own costs and is ordered to pay the costs incurred by the Court of Auditors of the European Union.

Summary

Actions brought by officials — Action for annulment not brought within the time-limit — Action for damages aiming to achieve the same result — Inadmissibility

(Staff Regulations, Arts 90 and 91)

An action for damages is not admissible where the official seeks to obtain the same result as he would have obtained had he been successful in an action for annulment which he failed to commence in due time.

An official seeks to circumvent the inadmissibility of the claim alleging that a decision rejecting an application for annulment is unlawful where the facts and arguments relied on to establish the liability of the institution are the same as those which were the subject-matter of the rejection decision against which the applicant has not brought legal proceedings.

(see paras 27, 29, 35)

See:

14 February 1989, 346/87 Bossi v Commission, para. 32

28 October 2010, F‑84/08 Cerafogli v ECB, para. 50