Case C-495/06 P: Order of the Court of 25 October 2007 — Bart Nijs v Court of Auditors of the European Communities (Appeal — Promotion — 2003 promotion procedure — Staff report — Decision establishing the definitive version of the report — Decision to promote another official to the grade of Translator-reviser — Claim for compensation for damage — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2007-10-25
Institutions: Court of Justice
Subjects: European Court of Auditors, European official, General Court (EU), appeal, personnel administration, promotion

C 22/18

EN

Official Journal of the European Union

26.1.2008

Order of the Court of 4 October 2007 — Republic of
Finland v Commission of the European Communities

Order of the Court of 25 October 2007 — Bart Nijs v
Court of Auditors of the European Communities

(Case C-457/06 P) (1)

(Case C-495/06 P) (1)

(Appeal — Action for annulment — Inadmissibility —
effects — European
Measure not having binding legal
Communities' own resources — Infringement procedure —
Article 11 of Regulation (EC, Euratom) No 1150/2000 —
Interest for late payment — Negotiations for an agreement on
a conditional payment — Refusal letter)

(Appeal — Promotion — 2003 promotion procedure — Staff
report — Decision establishing the definitive version of the
report — Decision to promote another official to the grade of
Translator-reviser — Claim for compensation for damage —
Appeal in part manifestly inadmissible and in part manifestly
unfounded)

(2008/C 22/34)

Language of the case: Finnish

(2008/C 22/35)

Language of the case: French

Parties

Parties

Applicant: Republic of Finland (represented by: E. Bygglin,
Agent)

Other party to the proceedings: Commission of
Communities (represented by: G. Wilms and P. Aalto, Agents)

the European

Applicant: Bart Nijs (represented by: F. Rollinger, avocat)

Other party to the proceedings: Court of Auditors of the European
Communities (represented by: T. Kennedy, Agent)

Re:

Appeal against the order of the Court of First Instance (Fourth
Chamber) of 5 September 2006 in Case T-350/05 Finland v
Commission dismissing as inadmissible an application for annul-
ment of the Commission's decision of 8 July 2005 refusing to
enter into negotiations with the Republic of Finland on the
possibility of paying provisionally the customs duties on defence
equipment claimed by the Commission in proceedings for
failure to fulfil obligations — Acts against which an action may
be brought

Re:

Appeal brought against the judgment of
the Court of First
Instance (Second Chamber) of 3 October 2006 in Case
T-171/05 Bart Nijs v Court of Auditors, in which the Court of
First Instance dismissed — in so far as it relied on grounds
other than a failure to give reasons — the action seeking, first,
annulment of the decision establishing the definitive version of
the appellant's staff report for the 2003 reporting period, the
decision allocating the appellant merit points for the 2003
reporting period and the decision not to promote him in 2004,
and of the decision rejecting the complaint brought against
those decisions and, secondly, an application for compensation
in respect of the harm suffered

Operative part of the order

The Court:

1. Dismisses the appeal;

Operative part of the order

The Court:

1. Dismisses the appeal;

2. Orders the Republic of Finland to pay the costs.

2. Orders Mr Nijs to pay the costs.

(1) OJ C 326, 30.12.2006.

(1) OJ C 42, 24.2.2007.