Order of the Court of First Instance of 26 May 2005 in Case T-377/04 Bart Nijs v Court of Auditors of the European Communities (Officials — 2003 Promotion exercise — Decision not to promote — Action for annulment — Prior administrative complaint — Identity of subject-matter and legal basis — Time-limit for lodging a complaint — Manifest inadmissibility)
Date: 2005-08-20
Institutions: Court of First Instance
Subjects: European Court of Auditors, European official, action by staff, action for annulment (EU), information profession, promotion

C 205/22

EN

Official Journal of the European Union

20.8.2005

ORDER OF THE COURT OF FIRST INSTANCE

of 2 June 2005

in Case T-326/03 Hippocrate Vounakis v Commission of
the European Communities (1)

(Officials — Promotion — Article 90(2) of the Staff Regula-
tions — Prior administrative complaint — Time-limits —
Public policy nature — Inadmissibility)

Parliament
(Agents: N. Lorenz and L.G. Knudsen, with an
address for service in Luxembourg) — action for annulment of
the decision of the Selection Board for Competition PE/96/A
not to include the applicant on the reserve list of that competi-
tion and, in the alternative, for an order requiring the defendant
to pay appropriate damages — the Court of First Instance
(Third Chamber), composed of M. Jaeger, President, J. Azizi and
E. Cremona, Judges; H. Jung, Registrar, made an order on 25
May 2005, the operative part of which is as follows:

1. The action is dismissed as manifestly inadmissible;

(2005/C 205/39)

(Language of the case: French)

the European Communities,

the
In Case T-326/03: Hippocrate Vounakis, an official of
Commission of
residing in
Wezembeek-Oppem (Belgium), represented by J.-N. Louis, E.
Marchal, A. Coolen and S. Orlandi, lawyers, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: C. Berardis-Kayser and G. Berscheid,
with an address for service in Luxembourg) — action for the
annulment of the Commission's decision not to promote the
applicant to grade A4 under the 2002 promotion procedure —
the Court of First Instance (Third Chamber), composed of M.
Jaeger, President, V. Tiili and O. Czúcz, Judges; H. Jung, Regis-
trar, made an order on 2 June 2005, the operative part of
which is as follows:

1. The action is dismissed as inadmissible;

2. Each party shall bear its own costs.

(1) OJ C 289, 29.11.2003.

2. Each party shall bear its own costs.

(1) OJ C 284, 20.11.2004.

ORDER OF THE COURT OF FIRST INSTANCE

of 26 May 2005

in Case T-377/04 Bart Nijs v Court of Auditors of the
European Communities (1)

(Officials — 2003 Promotion exercise — Decision not to
promote — Action for annulment — Prior administrative
complaint — Identity of subject-matter and legal basis —
Time-limit for lodging a complaint — Manifest inadmissi-
bility)

ORDER OF THE COURT OF FIRST INSTANCE

(2005/C 205/41)

of 25 May 2005

(Language of the case: French)

in Case T-330/04 Jörg-Michael Fetzer v European Parlia-
ment (1)

(Preliminary issues — Objection of inadmissibility — Expiry
of the period for bringing an action — Manifest inadmissi-
bility)

(2005/C 205/40)

(Language of the case: German)

In Case T-330/04: Jörg-Michael Fetzer, residing in Tübingen
(Germany), represented by M. Bauer, lawyer, against European

In Case T-377/04: Bart Nijs, an official of the Court of Auditors
of the European Communities, residing in Bereldange (Luxem-
bourg), represented by F. Rollinger, lawyer, with an address for
service in Luxembourg, against the Court of Auditors of the
European Communities (Agents: T. Kennedy, J.-M. Stenier and
M. Bavendamm, with an address for service in Luxembourg) —
action for annulment of the decision of the Court of Auditors
of the European Communities not to promote the applicant to
grade LA5 in the 2003 promotion exercise — the Court of
First Instance (Second Chamber), composed of J. Pirrung, Presi-
dent, A.W.H. Meij and I. Pelikánová, Judges; H. Jung, Registrar,
made an order on 26 May 2005, the operative part of which is
as follows:

20.8.2005

EN

Official Journal of the European Union

C 205/23

1. The action is dismissed as inadmissible.

2. The parties shall bear their own costs.

(1) OJ C 284 of 20.11.2004.

ORDER OF THE COURT OF FIRST INSTANCE

of 27 May 2005

in Case T-485/04 Agence de coopération des bibliothèques
et centres de documentation en Bretagne (COBB) v
Commission of the European Communities (1)

(Inadmissibility — Documents not published or notified —
Obligation on interested party to request copy within reason-
able time-limit — Action brought out of time)

(2005/C 205/42)

(Language of the case: French)

In Case T-485/04: Agence de coopération des bibliothèques et
centres de documentation en Bretagne (COBB), established in
Rennes (France), represented by J.-P. Martin,
lawyer, against
Commission of the European Communities (Agent: L. Flynn,
with an address for service in Luxembourg) — action for annul-
ment of
the Commission's decision of 9 September 2003
excluding the operation ‘Réseau des périodiques de Bretagne,
année 1999’
from the
expenditure eligible under the European Regional Development
Fund (ERDF) programme named ‘Objectif 5b Bretagne 1994-
1999’ — the Court of First
Instance (Second Chamber),
composed of M. Pirrung, President, N.J. Forwood and S. Papa-
savvas, Judges; H. Jung, Registrar, made an order on 27 May
2005, the operative part of which is as follows:

(Brittany Periodicals Network 1999)

1. The application is dismissed as manifestly inadmissible.

2. The application shall bear its own costs and pay those incurred by

the Commission.

(1) OJ C 57 of 5.03.2005.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 2 June 2005

in Case T-125/05 R: Umwelt- und Ingenieurtechnik GmbH
Dresden v Commission of the European Communities

(Tendering procedure — Interim proceedings — Urgency —
Absence)

(2005/C 205/43)

(Language of the case: German)

In Case T-125/05 R: Umwelt- und Ingenieurtechnik GmbH
Dresden, established in Dresden (Germany), represented by H.
Robl,
lawyer, against Commission of the European Commu-
nities (Agents: M. Wilderspin and S. Fries, with an address for
service in Luxembourg): action for suspension of implementa-
tion of the decisions of the Commission not to award the appli-
cant Lot No 2 of
the EuropeAid/119151/D/S/UA contract
called ‘Plan Improvement Project for South Ukraine NPP’ and to
award the lot to another company and, alternatively, for an
order for other interim measures — the President of the Court
of First Instance made an order on 2 June 2005, the operative
part of which is as follows:

1. The application for interim measures is dismissed.

2. Costs are reserved.

Action brought on 27 May 2005 by Hippocrate Vounakis
against the Commission of the European Communities

(Case T-214/05)

(2005/C 205/44)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 27 May 2005 by Hippocrate
Vounakis, residing in Wezembeek-Oppem (Belgium), repre-
sented by Sébastien Orlandi, Xavier Martin, Albert Coolen,
Jean-Noël Louis and Etienne Marchal, lawyers, with an address
for service in Luxembourg.