JUDGMENT OF THE COURT OF FIRST INSTANCE (Third Chamber)

24 June 2004

Case T-190/02

Anita Jannice Österholm

v

Commission of the European Communities

(Officials – Absence treated as a period of annual leave – Time-limits – No legal interest in bringing proceedings – Inadmissibility)

Full text in French II - 0000

Application:         for annulment of the Commission’s decision to treat the applicant’s absence between 8 and 31 July 2000 as a period of annual leave.

Held:         The action is dismissed as inadmissible. The parties are ordered to bear their own costs.

Summary

1.     Officials – Actions – Act adversely affecting an official – Definition

(Staff Regulations, Arts 90 and 91)

2.     Officials – Actions – Prior administrative complaint – Time-limits – Time-bar – Reopening of prescribed period by means of a request under Article 90(1) of the Staff Regulations – Not permissible

(Staff Regulations, Arts 90 and 91)