Case T-376/08 P: Appeal brought on 10 September 2008 by Bart Nijs against the order of the Civil Service Tribunal delivered on 26 June 2008 in Case F-1/08 Nijs v Court of Auditors
Date: 2008-09-10
Institutions: Court of First Instance
Subjects: European Court of Auditors, Luxembourg, appeal, civil service, cost analysis, deadline for payment, exchange of information, infringement of EU law

C 301/46

EN

Official Journal of the European Union

22.11.2008

Form of order sought by the appellant

Form of order sought by the appellant

— Declare the appeal admissible;

— Declare the appeal well-founded;

— Declare the appeal admissible;

— Declare the appeal well-founded;

— Consequently, annul the order of 26 June 2008 in Case
F-5/07 Bart Nijs v Court of Auditors of the European Commu-
nities.

— Consequently, annul the order of 26 June 2008 in Case
the European

F-108/07 Bart Nijs v Court of Auditors of
Communities.

Pleas in law and main arguments

Pleas in law and main arguments

The applicant claims that the Civil Service Tribunal's order is
vitiated by a manifest error in the assessment of procedural
provisions inasmuch as it regards the action as inadmissible by
reason of a failure to comply with the requirements of clarity,
an infringement of the principle of the protection of legitimate
expectations and an erroneous application of the presumption
of legality to the defendant's contentions inasmuch as the order
was made after a single exchange of written pleadings.

In addition, the applicant considers that the contested order is
lacking in clarity, is unsupported by evidence, is vitiated by a
manifest error in the consideration of the pleas in law raised in
the application and does not consider certain matters which the
Tribunal should have considered of its own motion.

The applicant also claims that the contested order should have
taken account of the lack of a statement of reasons at the pre-
litigation stage and that it was wrongly based on a failure to
comply with time-limits,
inasmuch as the Tribunal had not
carried out a suficient investigation to reach that conclusion.

Appeal brought on 10 September 2008 by Bart Nijs against
the order of the Civil Service Tribunal delivered on 26 June
2008 in Case F-108/07 Nijs v Court of Auditors

(Case T-375/08 P)

(2008/C 301/78)

Language of the case: French

The pleas in law and main arguments are similar to those raised
in Case T-371/08 P.

Appeal brought on 10 September 2008 by Bart Nijs against
the order of the Civil Service Tribunal delivered on 26 June
2008 in Case F-1/08 Nijs v Court of Auditors

(Case T-376/08 P)

(2008/C 301/79)

Language of the case: French

Parties

Appellant: Bart Nijs (Bereldange, Luxembourg) (represented by F.
Rollinger and A. Hertzog, lawyers)

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

Form of order sought by the appellant

— Declare the appeal admissible;

— Declare the appeal well-founded;

— Consequently, annul the order of 26 June 2008 in Case
F-1/08 Bart Nijs v Court of Auditors of the European Commu-
nities.

Parties

Pleas in law and main arguments

Appellant: Bart Nijs (Bereldange, Luxembourg) (represented by F.
Rollinger and A. Hertzog, lawyers)

The pleas in law and main arguments are similar to those raised
in Case T-371/08 P.

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