Case C-373/05 P: Order of the Court of 22 January 2007 — Bart Nijs v Court of Auditors of the European Communities (Appeal — Officials — Decision not to promote an official to Grade LA 5 — Previous complaint — Identity of subject-matter and legal basis — Appeal manifestly unfounded)
Date: 2007-04-14
Institutions: Court of Justice
Subjects: European Court of Auditors, European official, action by staff, appeal, promotion

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)