Case F-108/07: Order of the Civil Service Tribunal (Second Chamber) of 26 June 2008 — Nijs v Court of Auditors (Civil service — Officials — Article 44(1)(c) of the Rules of Procedure of the Court of First Instance — Summary of the pleas in law in the application — No prior administrative complaint — Manifestly inadmissible)
Date: 2008-06-26
Institutions: Civil Service Tribunal
Subjects: European Court of Auditors, European official, action by staff, administration of the Institutions, appointment of staff, promotion, staff assessment

30.8.2008

EN

Official Journal of the European Union

C 223/61

Order of the Civil Service Tribunal of 5 June 2008 —
Timmer v Court of Auditors

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and G. Berscheid, agents)

(Case F-123/06) (1)

(Staff — Officials — Assessment — Time-limit for lodging a
complaint — New fact — Inadmissibility)

Re:

(2008/C 223/114)

Language of the case: French

Annulment of the decision rejecting the requests for review of
the classification in grade of the applicants, former auxiliary
agents appointed officials after they passed open competitions
for grades B5/B4 — Application for damages

Parties

Operative part of the order

Applicant: Marianne Timmer (Saint-Sauves-d'Auvergne, France)
(represented by: F. Rollinger, lawyer)

1. The action is dismissed as manifestly inadmissible.

Defendant: Court of Auditors of
(represented by: T. Kennedy,
acting as Agents)

the European Communities
J.-M. Stenier and G. Corstens,

2. Each party is to bear its own costs.

(1) OJ C 247, 20.10.2007, p. 42.

Re:

Firstly, annulment of all the applicant's staff reports drawn up
by M.L. and the connected and/or
subsequent decisions,
including that appointing M L. and, secondly, an application for
damages.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Each party shall bear its own costs.

(1) OJ C 326, 30.12.2006, p. 84.

Order of the Civil Service Tribunal (Second Chamber) of
26 June 2008 — Nijs v Court of Auditors

(Case F-108/07) (1)

(Civil service — Officials — Article 44(1)(c) of the Rules of
Procedure of the Court of First Instance — Summary of the
pleas in law in the application — No prior administrative
complaint — Manifestly inadmissible)

(2008/C 223/116)

Language of the case: French

Order of the Civil Service Tribunal of 21 April 2008 —
Boudova and Others v Commission

Parties

(Case F-78/07) (1)

Applicant: Bart Nijs (Bereldange, Luxembourg) (represented by: F.
Rollinger, lawyer)

(Civil service — Officials — Appointment — Classification
in grade — Competition published before the entry in force of
the new Staff Regulations — Act adversely affecting a party
— Admissibility of the action)

Defendant: Court of Auditors (represented by: T. Kennedy, J.-M
Stenier and G. Corstens, agents)

(2008/C 223/115)

Language of the case: French

Re:

Parties

Applicants: Stanislava Boudova and Others (Luxembourg, Luxem-
bourg) (represented by: M.-A Lucas, lawyer)

Annulment of the decision of the Court of Auditors to renew
the mandate for its Secretary General for a period of six years
starting on 1 July 2007 and, alternatively, of the decision of the
Appointing Authority not to promote the applicant to the grade
LA5 for the 2004 promotion exercise following the judgment
of
the Court of First Instance of 3 October 2006 in Case
T-171/05 Nijs v Court of Auditors

C 223/62

EN

Official Journal of the European Union

30.8.2008

Operative part of the order

Action brought on 29 May 2008 — Bernard v Europol

1. The action is dismissed as manifestly inadmissible.

2. Mr Nijs is ordered to pay all the costs.

(1) OJ C 22 of 26.1.2008, p. 56.

(Case F-54/08)

(2008/C 223/118)

Language of the case: Dutch

Parties

Applicant: Marjorie Bernard (The Hague, Netherlands)
sented by: P. de Casparis, lawyer)

(repre-

Order of the Civil Service Tribunal of 26 June 2008 — Nijs
v Court of Auditors

Defendant: European Police Office (Europol)

(Case F-136/07) (1)

Subject-matter and description of the proceedings

(Staff — Officials — Previous complaint — Defect —
Time-limit for instituting proceedings — Lateness — Mani-
fest inadmissibility)

Annulment of the decision of Europol to extend the applicant's
contract of employment
for only the minimum period of
9 months.

(2008/C 223/117)

Language of the case: French

Parties

Applicant: Bart Nijs (Béreldange, Luxembourg) (represented initi-
and
ally by: F. Rollinger;
A. Hertzog, lawyers)

subsequently by: F. Rollinger

Defendant: Court of Auditors of
(represented by: T. Kennedy,
acting as Agents)

the European Communities
J.-M. Stenier and G. Corstens,

Form of order sought

— annul the decision of 31 July 2007 to renew the applicant's
contract of employment only until 1 June 2008 and the
decision on the complaint of 29 February 2008;

— order Europol to pay the costs.

Action brought on 30 June 2008 — Klug v European
Medicines Agency

Re:

Annulment, on the one hand, of the decision of the Appointing
Authority of 5 September 2007 to demote the applicant to
Grade AD9, step 5, following a disciplinary procedure and, on
the other, of the decisions to suspend him from his post, to
open an administrative enquiry with regard to him and not to
promote him to Grade AD 11 in 2007 — Claim for compensa-
tion for non-material and material harm

Parties

(Case F-59/08)

(2008/C 223/119)

Language of the case: German

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

Applicant: Bettina Klug (Wiesbaden, Germany) (represented by:
S. Zickgraf, lawyer)

Defendant: European Medicines Agency

2. Mr Nijs is ordered to pay all the costs.

Subject-matter and description of the proceedings

(1) OJ C 79, 29.3.2008, p. 37.

Annulment of the performance evaluation report drawn up by
the defendant in respect of the applicant for the period from
31 December 2004 to 31 December 2006, and order for
payment by the defendant of compensation for material and
non-material damage.