Case T-89/05: Order of the Court of First Instance of  27 October 2005  — GAEC Salat v Commission (Action for failure to act — Complaint concerning the protected designation of origin  Salers  — Regulation (EC) No 828/2003 — Definition of position by the Commission — Manifest inadmissibility)
Date: 2006-01-14
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), cheese, complaint to the Commission, designation of origin

14.1.2006

EN

Official Journal of the European Union

C 10/21

Order of the Court of First Instance of 26 October 2005
— Ouariachi v Commission

Application for

(Case T-124/04) (1)

(Action for damages — Non-contractual liability of the Com-
munity — Damage caused by a member of staff in the exer-
cise of his functions — Absence of causal link)

(2006/C 10/41)

Language of the case: French

declaration of failure to act in that the Commission failed to
the
adopt a decision on the applicant's complaint against
French Republic

Operative part of the Order

1. The application is dismissed as manifestly inadmissible.

2. The applicant shall pay the costs.

Parties

(1) OJ C 106 of 30.4.2005

Applicant: Jamal Ouariachi (Rabat, Morocco) (represented by: F.
Blanmailland and C. Verbrouck, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: F. Dintilhac and G. Boudot, Agents)

Application for

damages to compensate for the loss allegedly suffered by the
applicant following the alleged illegal conduct of a member of
staff of the Commission delegation in Khartoum (Sudan)

Operative part of the Order

1. The application is dismissed as being manifestly unfounded.

2. The applicant shall pay the costs.

Parties

Action brought on 6 October 2005 — Schierhorst v
Commission

(Case T-374/05)

(2006/C 10/43)

Language of the case: French

(1) OJ C 118 of 30.4.2004.

Order of the Court of First Instance of 27 October 2005
— GAEC Salat v Commission

(Case T-89/05) (1)

(Action for failure to act — Complaint concerning the
protected designation of origin ‘Salers’ — Regulation (EC)
No 828/2003 — Definition of position by the Commission
— Manifest inadmissibility)

(2006/C 10/42)

Language of the case: French

Parties

Applicant: GAEC Salat
Delpeuch, lawyer)

(Farges, France)

(represented by: F.

Defendant: Commission of the European Communities (repre-
sented by: F. Clotuche-Duvieusart, Agent)

Applicant: Rainer Johannes Schierhorst (Georgetown, Guyana)
(represented by: S. Rodrigues, A. Jaume, lawyers)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Court should:

— annul the decision of the Appointing Authority rejecting
the applicant's complaint, taken together with the decision
appointing the applicant adopted by the Appointing
Authority on 5 January 2005, in that it fixes his grade by
application of Article 12(3) of Annex XIII to the Staff Regu-
lations and his step pursuant to the current Article 32 of
the Staff Regulations;

— indicate to the Appointing Authority the effects of annul-
ling the contested decisions, in particular the regrading of
the applicant at grade A*10, step 4, with retrospective
effect from 1 February 2005, the date on which the deci-
sion of 11 October 2004 appointing the applicant took
effect;

— in the alternative, order the Commission to make good the
loss suffered by the applicant because he was not graded at
grade A*10, step 4, from 1 February 2005, the date on
which the decision of 5 January 2005 appointing the appli-
cant took effect;

— order the defendant to pay the costs.