Case C-57/06 P: Order of the Court of 26 January 2007 — Elisabetta Righini v Commission of the European Communities (Appeal — Officials — Temporary staff — Classification by grade and step — Classification in a higher career bracket — Distortion of the facts — Defective statement of reasons — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2007-04-14
Institutions: Court of Justice
Subjects: European official, General Court (EU), action by staff, appeal, personnel administration, recruitment, regulations for civil servants, staff assessment

14.4.2007

EN

Official Journal of the European Union

C 82/9

Order of the Court of 8 December 2006 — Polyelectrolyte
Producers Group v Commission of the European Commu-
nities, Council of the European Union

Order of the Court of 22 January 2007 — Bart Nijs v
Court of Auditors of the European Communities

(Case C-368/05 P) (1)

(Appeal — Council decision determining the Community's
position — Decision of the EEA Joint Committee permitting
the Kingdom of Norway to apply more stringent specific
concentration limits for acrylamide than those applicable in
the Community)

(Case C-373/05 P) (1)

(Appeal — Officials — Decision not to promote an official to
Grade LA 5 — Previous complaint — Identity of subject-
matter and legal basis — Appeal manifestly unfounded)

(2007/C 82/17)

Language of the case: French

(2007/C 82/16)

Language of the case: English

Parties

Parties

Appellant: Bart Nijs (represented by: F. Rollinger, lawyer)

Other party to the proceedings: Court of Auditors of the European
Communities (represented by: T. Kennedy and G. Corstens,
Agents)

Applicant: Polyelectrolyte Producers Group (represented by:
K. Van Maldegem and C. Mereu, avocats)

Other parties to the proceedings: Council of the European Union
J.-P. Hix and F. Florindo Gijón),
(represented by: G. Curmi,
Commission of
the European Communities (represented by:
J. Forman and M. Wilderspin, Agents)

Re:

Appeal against the order of the Court of First Instance (Second
Chamber) of 26 May 2005 in Case T-377/04 Nijs v Court of
Auditors, in which the Court of First Instance dismissed as inad-
missible the action for annulment of the decision of the Court
of Auditors not to promote the appellant to the post of trans-
lator-reviser (LA 5) in the 2003 promotion exercise

Re:

Appeal against the order of the Court of First Instance (Second
Chamber) of 22 July 2005 in Case T-376/04 Polyelectrolyte
Producers Group v Council and Commission, which declared inad-
missible an action for, first, annulment of Decision of the EEA
Joint Committee No 59/2004 of 26 April 2004 amending
Annex II to the EEA Agreement (OJ 2004 L 277, p. 30) permit-
ting Norway to apply more stringent concentration limits for
acrylamide than those applicable in the Community, and also a
declaration that the joint statement relating to the EEA Agree-
ment regarding the review clauses in the field of dangerous
substances, adopted at the meeting of the Joint Committee on
26 March 1999 (OJ 1999 C 185, p. 6), is unlawful and, second,
an action for damages to obtain compensation for the loss alleg-
edly suffered by the applicant following the adoption of the
contested decision.

Operative part of the order

1. The appeal is dismissed.

2. Polyelectrolyte Producers Group is ordered to pay the costs.

(1) OJ C 10, 14.1.2006.

Operative part of the order

1. The appeal is dismissed;

2. Mr Nijs is ordered to pay the costs.

(1) OJ C 330, 24.12.2005.

Order of

the Court of 26 January 2007 — Elisabetta

Righini v Commission of the European Communities

(Case C-57/06 P) (1)

(Appeal — Officials — Temporary staff — Classification by
grade and step — Classification in a higher career bracket —
Distortion of the facts — Defective statement of reasons —
Appeal in part manifestly inadmissible and in part manifestly
unfounded)

(2007/C 82/18)

Language of the case: French

Parties

Appellant: Elisabetta Righini (represented by E. Boigelot, avocat)

C 82/10

EN

Official Journal of the European Union

14.4.2007

Other party to the proceedings: Commission of
Communities (represented by V.
acting as Agents, and D. Waelbroeck, avocat)

the European
Joris and C. Berardis-Kayser,

Re:

Appeal against the judgment of the Court of First Instance (Fifth
Chamber) of 15 November 2005 in Case T-145/04 Righini v
Commission dismissing the action for annulment of the Commis-
sion's decisions to classify the applicant on her entry into
service in Grade A7/3 and, in so far as may be necessary, annul-
ment of the decision of 21 January 2004 rejecting the appli-
cant's complaint.

Operative part of the order

1. The appeal is dismissed.

2. Ms Righini is ordered to pay the costs.

(1) OJ C 74, 25.3.2006.

Order of the Court (Eighth Chamber) of 19 January 2007
(reference for a preliminary ruling from the Diikitiko
Protodikio Tripolis, Greece) — Carrefour — Marinopoulos
AE v Nomarkhiaki aftodiikisi Tripolis

(Case C-126/06) (1)

(Free movement of goods — Article 28 EC — Quantitative
restrictions — Measures having equivalent
effect —
Marketing of frozen bakery products)

(2007/C 82/19)

Language of the case: Greek

Referring court

Diikitiko Protodikio Tripolis

Operative part of the order

Article 28 EC must be interpreted as precluding national legislation
which makes the sale of ‘bake-off’ products subject to the same require-
ments as those applicable to the complete process of manufacturing
and marketing bread and traditional bakery products.

(1) OJ C 108, 6.5.2006.

Order of the Court of 12 December 2006 — Autosalone
Ispra Snc v European Atomic Energy Community

(Case C-129/06 P) (1)

(Appeal — Non-contractual liability of the European Atomic
Energy Community — Overflowing drain — Misinterpreta-
tion of the evidence — Measures of inquiry)

(2007/C 82/20)

Language of the case: Italian

Parties

Appellant: Autosalone Ispra Snc (represented by: B. Casu, lawyer)

Other party to the proceedings: European Atomic Energy Com-
munity,
the European
Communities (represented by: E. de March, Agent, and A. Dal
Ferro, lawyer)

represented by the Commission of

Re:

Appeal against the judgment of
the Court of First Instance
(Second Chamber) of 30 November 2005 in Case T-250/02
in which the Court of First
Autosalone Ispra v Commission,
Instance dismissed an application for a declaration that
the
Community was liable for the damage allegedly suffered by the
applicant as a result of an overflowing drain the management
and maintenance of which are the responsibility of the Joint
Research Centre in Ispra — Breach of
the procedural rules
concerning the burden of proof

Parties to the main proceedings

Operative part of the order

Applicant: Carrefour — Marinopoulos AE

The Court:

Defendant: Nomarkhiaki aftodiikisi Tripolis

1. Dismisses the appeal;

Re:

Reference for a preliminary ruling — Diikitiko Protodikio
Tripolis — Interpretation of Art. 28 EC — Marketing of pre-
cooked bakery products (‘bake-off’ products) — Requirement of
a licence

(1) OJ C 108, 6.5.2006.

2. Orders Autosalone Ispra Snc to pay the costs.