CELEX: C2005/330/16
Language: en
Date: 2005-12-24 00:00:00
Title: Case C-373/05 P: Appeal brought on  10 October 2005  by Bart Nijs against the order made on  26 May 2005  by the Court of First Instance of the European Communities (Second Chamber) in Case T-377/04 between Bart Nijs and the Court of Auditors of the European Communities

24.12.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 330/8
            
         Appeal brought on 10 October 2005 by Bart Nijs against the order made on 26 May 2005 by the Court of First Instance of the European Communities (Second Chamber) in Case T-377/04 between Bart Nijs and the Court of Auditors of the European Communities
   (Case C-373/05 P)
   (2005/C 330/16)
   Language of the case: French
   An appeal against the order made on 26 May 2005 by the Court of First Instance of the European Communities (Second Chamber) in Case T-377/04 between Bart Nijs and the Court of Auditors of the European Communities was brought before the Court of Justice of the European Communities on 10 October 2005 by Bart Nijs, represented by Fränk Rollinger, lawyer.
   The applicant claims that the Court should:
   
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               declare this appeal admissible in form;
            
         
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               declare this appeal well-founded on the substance;
            
         
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               find that the subject-matter of Bart Nijs's complaint of 27 February 2004 is identical to the subject-matter of his application lodged on 16 September 2004 at the Registry of the Court of First Instance;
            
         
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               declare the application of Bart Nijs admissible;
            
         
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               consequently, annul the order of the Second Chamber of the Court of First Instance of 26 May 2005 and refer this case back to the Court of First Instance with a different composition for a hearing.
            
         Pleas in law and main arguments
   The applicant submits that the Court of First Instance wrongly found that Bart Nijs's application was inadmissible, while he maintains that the pre-litigation procedure, and more specifically Article 90(2) of the Statute, was complied with.