CELEX: 62009CO0532
Language: en
Date: 2010-10-04 00:00:00
Title: Order of the Court (Seventh Chamber) of 4 October 2010. # Vladimir Ivanov v European Commission. # Appeal - Action for non-contractual liability - Loss of an opportunity for recruitment - Abuse of process - Appeal in part manifestly inadmissible and in part manifestly unfounded. # Case C-532/09 P.

Order of the Court (Seventh Chamber) of 4 October 2010 – Ivanov v Commission
      (Case C‑532/09 P)
      Appeal – Action for non-contractual liability – Loss of an opportunity for recruitment – Abuse of process – Appeal in part manifestly inadmissible and in part manifestly unfounded
      1.                     Actions for damages – Autonomy in relation to the action for annulment – Action seeking the withdrawal of an individual decision
            that has become definitive – Inadmissibility (Art. 235 EC) (see para. 24)
      2.                     Appeals – Grounds – Plea submitted for the first time in the context of the appeal – Inadmissibility (see paras 36-37)
      Re: 
      
         Appeal brought against the order of the Court of First Instance (Third Chamber) of 30 September 2009 in Case T-166/08 
               Ivanov 
               v
                Commission
               , by which that court dismissed the action brought by the appellant seeking compensation for the damage he allegedly suffered
                  following a Commission decision refusing to recruit him as a local administrative and technical assistance employee at the
                  Commission delegation in Sofia – Autonomous nature of the action for non-contractual liability in relation to the action for
                  annulment – Reservation of abuse of process – Possible for the Court of First Instance to have raised that rule of its own
                  motion.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The appeal is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Mr Ivanov is ordered to pay the costs.