Case T-60/08 P: Appeal brought on 12 January 2009 by Georgi Kerelov against the judgment of the Civil Service Tribunal delivered on 29 November 2007 in Case F-19/07 Kerelov v Commission
Date: 2009-01-12
Institutions: Court of First Instance
Subjects: EPSO, European Commission, appeal, competition (EU)

21.3.2009

EN

Official Journal of the European Union

C 69/39

Order of the President of the Court of First Instance of
14 November 2008 — Artisjus v Commission

Form of order sought by the appellant

(Case T-411/08 R)

(Applications for interim measures — Commission decision
ordering the cessation of a concerted practice in connection
with the collective management of copyright — Application
for suspension of operation of a measure — No urgency)

(2009/C 69/90)

Language of the case: English

Parties

Applicant: Artisjus Magyar Szerzői
(Budapest, Hungary)
and P. Vörös, lawyers)

Jogvédő Iroda Egyesület
(represented by: Z. Hegymegi-Barakonyi

Defendant: Commission of the European Communities (repre-
sented by: F. Castillo de la Torre and V. Bottka, acting as Agents)

Re:

Application for suspension of operation of Articles 3 and 4(2)
and (3) of Commission Decision C(2008) 3435 final of 16 July
2008 relating to a proceeding under Article 81 of the EC Treaty
and Article 53 of the EEA Agreement (Case COMP/C2/38.698
— CISAC) in so far as they relate to the applicant.

Operative part of the order

1. The application for interim measures is dismissed.

2. Costs are reserved.

Appeal brought on 12 January 2009 by Georgi Kerelov
against the judgment of the Civil Service Tribunal delivered
on 29 November 2007 in Case F-19/07 Kerelov v
Commission

(Case T-60/08 P)

(2009/C 69/91)

Language of the case: French

Parties

— Annul the judgment of the European Union Civil Service
Tribunal of 29 November 2007 in Case F-19/07 Kerelov v
Commission;

— admit

the pleadings submitted by the appellant at

first

instance;

— order the respondent to pay all the costs.

Pleas in law and main arguments

By the present appeal, the appellant seeks annulment of the
judgment of the Civil Service Tribunal (CST) of 29 November
2007 delivered in Case F-19/07 Kerelov v Commission, dismissing
the action by which the appellant sought, on the one hand,
the selection board of open
annulment of
competition EPSO/AD/43/06 not to include him on the reserve
list of that competition and to exclude him therefrom, and, on
the other, damages in compensation for
the loss allegedly
suffered.

the decisions of

In support of his appeal, the appellant relies on ten pleas in law,
alleging:

— breach of the principles governing the administrative proce-
dure with regard to proof, since the CST reversed the burden
of proof;

— breach of the principle of an adversarial process, since the
CST did not give the appellant sufficient time to take a posi-
tion on the new documents added to the file;

— breach of the principle of the public nature of the proceed-
ings, since the CST did not hold a fresh hearing following
the lodging of new documents;

— breach of the duty of impartiality, since the CST did not

take the steps necessary to examine the file;

— an error in law, since the CST held that the selection board,
not the Director of the European Personnel Selection Office
(EPSO), has the power to exclude a candidate;

— an error in law, since the CST considered that prohibition
on contact between competition candidates and members of
the selection board ends upon publication of the reserve list
in the Official Journal of the European Union, and not when
the selection board completes its work;

— breach of the relevant principles of administrative law by
confirming the decision of the selection board of 2 February
2007 to exclude the appellant from the competition, since:

— the original version of that decision was not added to

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

the file;

Other party to the proceedings: Commission of
Communities

the European

— that decision does not contain factual grounds suffi-
ciently precise for its addressee to be aware of the exact
facts on which it was based; and

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;