Case T-475/08 P: Appeal brought on 29 October 2008 by Radu Duta against the judgment of the Civil Service Tribunal delivered on 4 September 2008 in Case F-103/07 Duta v Court of Justice
Date: 2008-10-29
Institutions: Court of First Instance
Subjects: Court of Justice of the European Union, European official, General Court (EU), appeal, equal treatment, personnel administration, professional career, staff assessment

C 69/40

EN

Official Journal of the European Union

21.3.2009

— the selection board did not invite the appellant to give
an explanation for the facts on the basis of which his
candidature was rejected, that is to say, the sending of
two emails to the selection board;

— the need, of its own motion, to check for any other breach
law which the CST may have

of the applicable rules of
committed.

Appeal brought on 12 January 2009 by Georgi Kerelov
against the order of the Civil Service Tribunal delivered on
in Case
v
12 December
Commission

F-110/07 Kerelov

2007

(Case T-100/08 P)

(2009/C 69/92)

Language of the case: French

Parties

Appellant: Georgi Kerelov (Pazardzhik, Bulgaria) (represented by
A. Kerelov, lawyer)

Other party to the proceedings: Commission of
Communities

the European

Form of order sought by the appellant

— Set aside the order of the Civil Service Tribunal of the Euro-
pean Union of 12 December 2007 in Case F-110/07 Kerelov
v Commission;

— Grant

the applicant

the form of order sought at

first

instance;

— infringement of the right of due process and of the principle
of the impartiality of the Tribunal, inasmuch as the Tribunal
dismissed the applicant's action as manifestly inadmissible
without permitting him to correct his application at a point
in time when the applicant could no longer bring a new
action in accordance with the rules, since the time-limit for
bringing actions had expired;

— infringement of the principles of the right to be heard by a
court and of the public nature of the proceedings, inasmuch
as no hearing took place;

— infringement of the principle of procedural fairness inas-
much as the Tribunal did not hear the applicant on the issue
of the inadmissibility of his action;

— infringement of the first paragraph of Article 21 of the
Statute of the Court of Justice and Article 44(1)(c) of the
Rules of Procedure of the Court of First Instance inasmuch
as the Tribunal has, in reality, introduced a ‘crystallisation of
the contentious debate’ rule by considering that the applica-
tion contained no pleas in law;

— verification, of

the Court's own motion, of whether the
Tribunal committed any other infringements of the applic-
able rules of law.

Appeal brought on 29 October 2008 by Radu Duta against
the judgment of the Civil Service Tribunal delivered on
4 September 2008 in Case F-103/07 Duta v Court of
Justice

(Case T-475/08 P)

(2009/C 69/93)

Language of the case: French

— Order the defendant to pay the costs in their entirety.

Parties

Pleas in law and main arguments

By the present appeal, the applicant is seeking annulment of the
order of the Civil Service Tribunal of 12 December 2007 in
Case F-110/07 Kerelov v Commission dismissing as manifestly
inadmissible the action by which the applicant sought annul-
ment of the decision of the director of the European Personnel
Selection Office (EPSO) not to transmit to the applicant infor-
mation and documents relating to competition EPSO/AD/46/06.

In support of his appeal, the applicant relies on several pleas in
law alleging or for:

— infringement of the principle of administrative procedure
inasmuch as the Tribunal considered that the initiating appli-
cation did not put forward any pleas in law without ascer-
taining of its own motion whether the decision contested at
first instance was unlawful, without limiting itself to the
complaints put forward by the applicant;

Appellant: Radu Duta (Luxembourg, Luxembourg) (represented
by F. Krieg, lawyer)

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

Form of order sought by the appellant

— Admit the present appeal;

— declare it well founded;

— accordingly, by amendment of the judgment of the Euro-
pean Union Civil Service Tribunal of 4 September 2008,
declare the appellant's appeal admissible and well founded;

— accordingly, on the basis of the claims set out above, annul

the contested decisions;

21.3.2009

EN

Official Journal of the European Union

C 69/41

— so far as necessary, return the matter to the competent
authority for a ruling in accordance with the judgment in
the appeal;

— order the respondent to pay the sum of EUR 1 100 000
in respect of

(one million one hundred thousand Euros)
damages and interest;

Jean Louis Étienne Jalabert (Sigean, France),

Di Rocco (Frontignan, France), Jean Louis Donnarel, Jean-Fran-
çois Flores,
Jean
Gérald Lubrano (Marseille, France), Gérald Jean Lubrano (Balaruc
les Bains, France), Jean Lubrano, Jean Lucien Lubrano, Fabrice
Marin, Robert Marin, Hervé Marin, Nicolas Marin, Sébastien
Marin, Jean-Marc Penniello, Serge Antoine José Perez (Sorède,
France) (represented by: C. Bonnefoi, lawyer)

— so far as necessary, order an expert to give a report on the

extent of the financial loss suffered by the appellant;

Defendant: Commission of the European Communities

— order the respondent to pay all the costs and expenses of

the case;

— authorise the appellant expressly to refer to his pleadings at
first instance which are annexed to the present appeal and
form an integral part thereof;

— as to the remainder, authorise the appellant expressly to
reserve all his rights of actions and remedies and in particu-
lar the right to bring an action before the European Court
of Human Rights.

Pleas in law and main arguments

By the present appeal, the appellant seeks the annulment of the
judgment of the Civil Service Tribunal (CST) of 4 September
2008, delivered in Case F-103/07 Duta v Court of
Justice,
dismissing as inadmissible the action by which the appellant
the memorandum
sought, on the one hand, annulment of
informing him that he would not be offered a post as a Legal
Secretary and, on the other, damages in compensation for the
loss allegedly suffered.

The appellant states that his appeal
is lodged as a protective
measure in order to maintain his rights before the European
Court of Human Rights. He does not give precise details of the
contested points in the judgment of which he seeks annulment,
or the legal arguments made in specific support of that claim.

Form of order sought

— Declare that the European Commission is liable in respect of
the consequences of
the implementation of Commission
Regulation (EC) No 530/2008 of 12 June 2008 establishing
emergency measures as regards purse seiners fishing for
bluefin tuna in the Atlantic Ocean, east of longitude 45° W,
and in the Mediterranean Sea;

— Order payment of compensation commensurate with the
consequences of that finding of liability; that compensation
is estimated on the basis of the attached evidence and is in
the process of confirmation; it is stated in EUR:

— Buono Jean-Luc and Gérard: 323 053 or 564 956

(according to whether before or after taxation);

— Carreno Marc: symbolic EUR 1;

— Del Ponte Roger: 518 707 or 703 707 (according to

whether before or after taxation);

— Di Rocco Serge: 388 047 or 634 207 (according to

whether before or after taxation);

— Donnarel Jean-Louis: 351 685;

— Flores Jean-François: symbolic EUR 1;

— Jalabert Jean Louis Etienne: 144 643;

— Lubrano Jean and Lubrano Jean Lucien: 212 358;

— Lubrano Jean-Gérald: 237 160 or 474 320 (according

to whether before or after taxation);

Action brought on 24 December 2008 — Syndicat des
thoniers méditerranéens and Others v Commission

— Lubrano Gérald: 213 588;

(Case T-574/08)

(2009/C 69/94)

Language of the case: French

Parties

Applicants: Syndicat des
(Marseille,
France), Jean-Luc Buono, Gérard Buono, Marc Carreno, Roger
Louis Paul Del Ponte (Balaruc les Bains, France), Serge Antoine

thoniers méditerranéens

— Marin Fabrice and Marin Robert: 466 665 or 610 820

(according to whether before or after taxation);

— Marin Hervé, Marin Nicolas, Marin Robert and Marin

Sébastien: symbolic EUR 1;

— Penniello Jean-Marc: 624 000;

— Perez Serge Antoine: 54 645;

— Order payment of compensation for non-pecuniary losses to
the Syndicat des thonniers méditerranéens commensurate
with the consequences of that finding of liability, that is to
say, a lump sum of EUR 30 000 which will be used to
provide members with information regarding Community
fishing law and legislation;