Case C-406/06: Order of the Court (Sixth Chamber) of 8 February 2007 — Landtag Schleswig-Holstein v Commission of the European Communities (Action of annulment — Court of Justice having no jurisdiction — Referral to Court of First Instance)
Date: 2007-04-28
Institutions: Court of Justice
Subjects: European Commission, access to EU information, action for annulment (EU), data protection, drafting of EU law, legal basis, provision of documents

28.4.2007

EN

Official Journal of the European Union

C 95/15

Operative part of the judgment

(2) The costs are reserved.

The Court:

1. Declares that, by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Directive 2002/14/EC
of the European Parliament and of the Council of 11 March 2002
establishing a general
informing and consulting
employees
in the European Community, within the period
prescribed, the Italian Republic has failed to fulfil its obligations
under that directive.

framework for

2. Orders the Italian Republic to pay the costs.

(1) OJ C 224 of 16.9.2006.

(1) OJ C 294, 2.12.2006, p. 33.

Appeal brought on 22 January 2007 by Wineke Neirinck
against the judgment of the Court of First Instance (Second
Chamber) delivered on 14 November 2006 in Case T-494/
04 Neirinck v Commission

(Case C-17/07 P)

(2007/C 95/26)

Language of the case: French

Order of the Court (Sixth Chamber) of 8 February 2007 —
Landtag Schleswig-Holstein v Commission of the European
Communities

(Case C-406/06) (1)

Parties

(Action of annulment — Court of Justice having no jurisdic-
tion — Referral to Court of First Instance)

(2007/C 95/25)

Language of the case: German

Appellant: Wineke Neirinck (represented by: G. Vandersanden,
L. Levi, avocats)

Other party to the proceedings: Commission of
Communities (represented by:
Agents)

the European
J. Curall, D. Martin, acting as

Parties

Applicant:
Schleswig-Holstein
S. Laskowski and J. Caspar, acting as agents)

Landtag

(represented

by:

Form of order sought

Defendant: Commission of the European Communities

Re:

Annulment of Commission decisions of 10 March 2006 and
23 June 2006 refusing to grant the applicant access to the docu-
ment SEC(2005) 420, of 22 March 2005, containing a legal
analysis relating to a draft framework decision, under discussion
in the Council, on the retention of data processed and stored in
connection with the provision of publicly available electronic
communication services or data transmitted on public commu-
nications networks, for the purposes of prevention, investiga-
tion, detection and prosecution of crime and criminal offences,
including terrorism (Council document 8958/04 CRIMORG 36
TELECOM 82)

Operative part of the order

(1) Case C-406/06 Landtag Schleswig-Holstein v Commission is
referred to the Court of First Instance of the European Commu-
nities.

— Set aside the judgment of the Court of First Instance of

14 November 2006 in Case T-494/04;

— accordingly, uphold the applicant's claims at first instance

and, thus,

— annul the decision of which the applicant became aware
at the meeting of Unit OIB.1 (Office for Infrastructures
and Logistics in Brussels — implementation of building
policy) of 4 March 2004 that another candidate had
been selected for the post of
lawyer in the building
policy sector within the OIB to which the applicant had
applied (decision to recruit Mr D. S. as an auxiliary
member of staff and decision not to appoint the appli-
cant as an auxiliary member of staff);

— annul the decision of 9 March 2004 informing the appli-

cant that her application had been rejected;

— annul

the subsequent decision of 27 April 2004
informing the applicant that she had not passed the oral
test of the recruitment procedure for contractual agents
and annul the decision of that date to recruit Mr D. S.;