Case C-561/08 P: Appeal brought on 19 December 2008 by the Commission of the European Communities against the judgment of the Court of First Instance (Seventh Chamber) delivered on 15 October 2008 in Case T-160/04 Potamianos v Commission
Date: 2008-12-19
Institutions: Court of Justice
Subjects: European Commission, action for annulment (EU), recruitment, servant (EU), temporary employment, work contract

21.2.2009

EN

Official Journal of the European Union

C 44/37

The applicant claims that the Court should:

Pleas in law and main arguments

the European Parliament and of

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2005/35/EC (1) of
the
Council of 7 September 2005 on ship-source pollution and
on the introduction of penalties for infringements, or in any
event by failing to communicate them to the Commission,
the United Kingdom has failed to fulfil its obligations under
the Directive;

— order the United Kingdom to pay the costs.

Pleas in law and main arguments

The period within which the directive had to be transposed
expired on 1 April 2007.

(1) OJ L 255, p. 11.

By its appeal, the Commission is challenging the categorisation
by the Court of First Instance of the notification sent to the
respondent informing him of the non-renewal of his contract of
employment as a temporary servant. The Court of First Instance
interpreted that notification as a separate decision of
the
appointing authority. It is, however, clear from the case-law of
the Court of
in particular, Case C-417/05 P
Fernández Gómez, that such a notification has merely informative
value, with only the terms of
the contract stating that the
contract will not be renewed upon expiry amounting to an act
adversely affecting a party. As that contract was not challenged
within the periods prescribed by the Staff Regulations,
the
Court of First Instance should have dismissed the action as inad-
missible.

Justice and,

In disregarding that case-law, the Court of First Instance there-
fore created a situation of legal uncertainty for the Civil Service
Tribunal and for the Commission and other institutions which
have concluded contracts similar to that at issue in the present
case.

Appeal brought on 19 December 2008 by the Commission
of the European Communities against the judgment of the
Court of First Instance (Seventh Chamber) delivered on
15 October 2008 in Case T-160/04 Potamianos v
Commission

Action brought on 22 December 2008 — European
Parliament v Council of the European Union

(Case C-561/08 P)

(2009/C 44/62)

Language of the case: French

(Case C-566/08)

(2009/C 44/63)

Language of the case: French

Parties

Parties

Appellant: Commission of the European Communities (repre-
sented by: J. Currall and D. Martin, Agents)

Other party to the proceedings: Gerasimos Potamianos

Applicant: European Parliament (represented by R. Passos, G.
Mazzini and D. Gauci, acting as Agents)

Defendant: Council of the European Union

Form of order sought

— Set aside the judgment of the Court of First Instance of

Form of order sought

15 October 2008 in Case T-160/04;

— Declare Mr Potamianos's action inadmissible;

— Rule that each of the parties is to bear their own costs as
regards both the appeal proceedings and the proceedings
before the Court of First Instance of the European Commu-
nities.

— annul, on the ground of breach of the EC Treaty, Council
Decision 2008/780/EC of 29 September 2008 on the
conclusion, on behalf of the European Community, of the
Southern Indian Ocean Fisheries Agreement (1);

— order the Council to pay the costs.