Case T-498/07 P: Appeal brought on 2 May 2008 by Erika Krcova against the judgment of the Civil Service Tribunal delivered on 18 October 2007 in Case F-112/06, Krcova v Court of Justice
Date: 2008-05-02
Institutions: Court of First Instance
Subjects: Court of Justice of the European Union, action by staff, appeal, probationary period, staff regulations (EU), unfair dismissal

C 209/54

EN

Official Journal of the European Union

15.8.2008

Order of the Court of First Instance of 17 June 2008 —
Dow AgroSciences v EFSA

Order of the President of the Court of First Instance of
26 June 2008 — VDH Projektentwicklung and Edeka
Rhein-Ruhr v Commission

(Case T-397/06) (1)

(Action for annulment — Action for damages — Directive
91/414/EEC — Plant protection products — Opinion of the
European Food Safety Authority — Non-actionable measure
— Preparatory measure — Inadmissibility)

(Case T-185/08 R)

(Interim measures — Inadmissibility)

(2008/C 209/97)

Language of the case: German

(2008/C 209/96)

Language of the case: English

Parties

Parties

Applicants: VDH Projektentwicklung GmbH (Erkelenz, Germany)
and Edeka Handelsgesellschaft Rhein-Ruhr mbH (Moers,
Germany) (represented by: C. Antweiler, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: R. Sauer, D. Kukovec and O. Weber, Agents)

Applicant: Dow AgroSciences Ltd (Hitchin, Hertfordshire, United
Kingdom)
(represented by: K. Van Maldegem and C. Mereu,
lawyers)

Re:

Defendant: European Food Safety Authority (EFSA) (represented
initially by: A. Cuvillier and D. Detken, and subsequently by
A. Cuvillier and S. Gabbi, Agents)

Application for interim measures under Article 243 EC in rela-
tion to an action for failure to act against the Commission.

the Defendant: Commission of
Parpala
(represented by:

L.

the
and

The President of the Court:

Operative part of the order

1. Dismisses the application for interim measures as inadmissible;

2. Orders the applicants to bear their own costs.

Intervener
in support of
European Communities
B. Doherty, Agents)

Re:

APPLICATION for (i) annulment of the opinion of EFSA of
28 July 2006 on the assessment of the active substance halox-
yfop-R under Council Directive 91/414/EEC of 15 July 1991
concerning the placing of plant protection products on the
market (OJ 1991 L 230, p. 1), and (ii) compensation for the
damage sustained.

Operative part of the order

1. The action is dismissed.

Appeal brought on 2 May 2008 by Erika Krcova against
the judgment of the Civil Service Tribunal delivered on
18 October 2007 in Case F-112/06, Krcova v Court of
Justice

(Case T-498/07 P)

(2008/C 209/98)

Language of the case: French

2. Dow AgroSciences Ltd,

the European Food Safety Authority

(EFSA) and the Commission shall each bear their own costs.

Parties

(1) OJ C 42 of 24.2.2007.

Appellant: Erika Krcova (Trnava, Slovakia)
Rooy, lawyer)

(represented by J.

Other party to the proceedings: Court of Justice of the European
Communities

15.8.2008

EN

Official Journal of the European Union

C 209/55

Form of order sought by the appellant

— Annul the judgment of the Civil Service Tribunal of the
European Union (Second Chamber) of 18 October 2007 in
Case F-112/06 Krcova v Court of Justice, not yet published in
the ECR,

— Annul the decision of the Court of Justice of the European
Communities of 17 October 2005 by which the appellant
was dismissed following her probationary period and, in so
far as necessary, the decision of 16 September 2005 to
extend her probationary period by two months, and the
report on the probationary period of 12 September 2005
recommending her dismissal,

cant on 3 March 2008, deciding that the applicant must be
required to repay the sum of EUR 25 485,00, equivalent to
PTE 5 109 287.

Pleas in law and main arguments

The training programme was carried out in full.

The auditors used criteria far removed from reality and for
reasons quite foreign to the applicant they treated costs as ineli-
gible.

— Order the defendant to pay the costs incurred before the
Civil Service Tribunal and before the Court of First Instance.

All the expenditure ought to have been regarded as eligible and
taken into consideration in the final account.

Pleas in law and main arguments

By the present appeal, the appellant seeks annulment of the
judgment of the Civil Service Tribunal
(CST) of 18 October
2007 in Case F-112/06 Krcova v Court of Justice dismissing the
action by which the appellant sought annulment of the decision
of the Court of Justice dismissing the appellant at the end of her
probationary period.

After the lapse of twenty years, repayment of any amount is
flagrant injustice and runs counter to the fundamental princi-
ples of proportionality and of certainty for citizens before the
law and the institutions.

The appellant claims that the CST ruled ultra petita and incor-
rectly interpreted Article 34 of the Staff Regulations of the
European Communities.

Action brought on 23 May 2008 — Polson and Others v
Commission

Action brought on 12 May 2008 — Rui Manuel Alves dos
Santos v Commission

(Case T-184/08)

(2008/C 209/99)

Language of the case: Portuguese

Parties

Applicant: Rui Manuel Alves dos Santos (Rominha, Alvaiázere,
Portugal) (represented by A. Marques Fernandes, lawyer)

(Case T-197/08)

(2008/C 209/100)

Language of the case: English

Parties

Applicants: Magnus Polson (Lerwick, United Kingdom), Garry
Sandison (Lerwick, United Kingdom), Andrew Anderson
Ian Johnston (Lerwick, United
(Whalsay, United Kingdom),
Kingdom) (represented by: R. Murray, Solicitor, R. Thompson,
QC)

Defendant: Commission of the European Communities

Defendant: Commission of the European Communities

Form of order sought

Form of order sought

— annul Articles 1(2), 3, 4 and 5 of Commission Decision
State Aid No C 39/06 (ex NN 94/2005) of 13 November
2007 concerning the First Time Shareholders Scheme imple-
mented in the United Kingdom;

— annulment of the European Commission's decision, adopted
in connection with Case 89 0488 P1, notified to the appli-

— order the Commission to pay costs of the proceedings.