Case C-163/07 P: Order of the Court of 27 November 2007 — Diy-Mar Insaat Sanayi ve Ticaret Ltd Sirketi and Musa Akar v Commission of the European Communities (Appeal — Public works contracts — Admissibility — Essential procedural conditions — Mandatory representation of natural or legal persons by a lawyer authorised to practise before a court of a Member State — Appeal clearly unfounded)
Date: 2007-11-27
Institutions: Court of Justice
Subjects: European Commission, action for annulment (EU), appeal, award of contract, building industry, educational institution

C 51/30

EN

Official Journal of the European Union

23.2.2008

Order of the Court of 27 November 2007 — Diy-Mar
Insaat Sanayi ve Ticaret Ltd Sirketi and Musa Akar v
Commission of the European Communities

Order of the Court of 19 October 2007 — Derya Beyatli v
Commission of the European Communities

(Case C-163/07 P) (1)

(Case C-238/07 P) (1)

(Appeal — Public works contracts — Admissibility — Essen-
tial procedural conditions — Mandatory representation of
natural or legal persons by a lawyer authorised to practise
clearly
before a court of a Member State — Appeal

(Appeals — Staff cases — Open competition for citizens of
competition —
the Republic of Cyprus — Notice of
Time-limits — Complaint — Letter addressed to the head of
the Commission delegation in Cyprus)

unfounded)

(2008/C 51/50)

Language of the case: German

(2008/C 51/51)

Language of the case: English

Parties

Parties

Applicants: Diy-Mar Insaat Sanayi ve Ticaret Ltd Sirketi and Musa
Akar (represented by: C. Șahin, lawyer)

Appellant: Derya Beyatli (represented by: A. Demetriades, diki-
goros)

Other party to the proceedings: Commission of
the European
Communities (represented by: P. van Nuffel and F. Hoffmeister,
Agents)

Other party to the proceedings: Commission of
the European
Communities (represented by: J. Currall and H. Kraemer, Agents)

Re:

Re:

first,

Appeal brought against the order of the Court of First Instance
(Fourth Chamber) of 17 January 2007 in Case T-129/06 Diy-
Mar Insaat Sanayi ve Ticaret Ltd Sirketi and Akar v Commission in
which the Court of First Instance dismissed as inadmissible an
the
the annulment of
application for,
Commission of 23 December 2005 relating to the award of the
public works contract for the construction of educational estab-
lishments in the provinces of Siirt and Diyarbakir and, secondly,
suspension of the implementation of the procedure in question
— No information, in the contested decision, as to the need to
be represented by a lawyer qualified to practise before a court of
a Member State in the event of proceedings being brought
against the contested decision — Regularised application lodged
out of time.

the decision of

the order of

the decision of

the Court of First

Appeal against
Instance
(Fifth Chamber) of 5 March 2007 in Case T-455/04 Beyatli and
Candan v Commission by which the Court of First
Instance
dismissed as inadmissible an application seeking the annulment
of
selection board in Competition
EPSO/A/1/03 for the establishment of a reserve list of assistant
administrators of Cypriot nationality not to admit the appellants
to the oral tests in that competition — Period within which a
complaint must be lodged pursuant to Article 90(2) of the Staff
Regulations

the

Operative part

1. The appeal is dismissed.

Operative part of the order

The Court:

1. Dismisses the appeal;

2. Diy-Mar Insaat Sanayi ve Ticaret Ltd Sirketi and Musa Akar are

ordered to pay the costs.

2. Orders Ms Beyatli to pay the costs.

(1) OJ C 129, 9.6.2007.

(1) OJ C 183, 4.8.2007.