Order — ECLI:EU:F:2012:115
Date: 2012-08-03
Language of the case: Italian
Court formation: President of the Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases;Application for interim measures - unfounded;Action for damages

Summary 1. Applications for interim measures — Suspension of operation of a measure — Conditions for admissibility — Contested decision partly spent when the application for interim measures was brought — Application inadmissible (Art. 278 TFEU) 2. Applications for interim measures — Conditions for admissibility — Application — Formal requirements — Detailed statement of the subject-matter (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the Civil Service Tribunal, Arts 35(1)(d) and 102(3)) 3. Judicial proceedings — Court costs — Costs incurred by the Civil Service Tribunal as a result of an action which is an abuse of process by an official — Order for the official to refund those costs — Applicability in the context of an application for interim measures (Rules of Procedure of the Civil Service Tribunal, Art. 94) 1. Where part of a contested decision is spent on the date when an application for interim measures is brought, the heads of claim relating to that part are inadmissible. (see para. 23) See: 28 February 2012, F‑140/11 R BK v Commission, para. 29 and the case-law cited therein 2. An application for interim measures which, in the absence of further particulars as to its subject-matter, is vague and imprecise in nature does not satisfy the conditions laid down in Article 35(1)(d) of the Rules of Procedure of the Civil Service Tribunal, to which Article 102(3) of those Rules of Procedure refers, and is therefore inadmissible. (see para. 24) See: 2 July 2004, T‑422/03 R II Enviro Tech Europe and Enviro Tech International v Commission, para. 59 3. Under Article 94(a) of the Rules of Procedure of the Civil Service Tribunal, if the Tribunal has incurred avoidable costs, in particular where the action is manifestly an abuse of process, it may order the party who caused such costs to be incurred to refund them in whole or in part, but the amount of that refund may not exceed EUR 2 000. As that provision does not contain an exhaustive list of the circumstances in which the Tribunal may incur avoidable costs as a result of the conduct of a party, it may be applied to the examination of an application for interim measures. (see para. 30)