CELEX: 62008CO0561
Language: en
Date: 2009-10-23 00:00:00
Title: Order of the Court (Fifth Chamber) of 23 October 2009.#Joined Cases C-561/08 P and C-4/09 P.

ORDER OF THE COURT (Fifth Chamber)
      23 October 2009
      Joined Cases C-561/08 P and C-4/09 P
      Commission of the European Communities 
      v
      Gerasimos Potamianos
      and
      Gerasimos Potamianos
      v
      Commission of the European Communities 
      (Appeal – Civil service – Temporary staff – Non‑renewal of a fixed-term contract – Act having adverse effect)
      Appeal: lodged by the Commission of the European Communities against the judgment of the General Court of the European Communities
         of 15 October 2008 in Case T-160/04 Potamianos v Commission [2008] ECR-SC I-A-2-0000 and II-A-2-0000, by which the Court rejected the plea of inadmissibility raised by the Commission
         on the basis that the action brought by Mr Potamianos was out of time. Appeal lodged by Mr Potamianos against the abovementioned
         judgment by which the Court dismissed his application for annulment of the decision of the authority authorised to conclude
         contracts of employment not to renew his contract as a member of the temporary staff.
      
      Held:      The appeals are dismissed. Each party is to bear its own costs.
      
      Summary
      1.        Officials – Actions – Act having adverse effect – Letter informing a member of the temporary staff that his contract will
            not be renewed – Decision separate from the contract – Included
      (Staff Regulations, Art. 90(1))
      2.        Appeals – Pleas in law – Mere repetition of the pleas and arguments put forward before the General Court – Error of law relied
            on not identified – Inadmissibility
      (Art. 225(1) EC; Statute of the CourtofJustice, Art. 58, first para.; Rules of Procedure of the Court, Art. 112(1)(c))