Language of document : ECLI:EU:F:2012:50

ORDER OF THE CIVIL SERVICE TRIBUNAL OF THE EUROPEAN UNION (Third Chamber)

29 March 2012 *(1)

(Preliminary pleas – Objection of inadmissibility – Reservation for final judgment)

In Case F‑78/11,

APPLICATION under Article 36.2 of the Protocol on the Statutes of the European System of Central Banks and the European Central Bank, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union,

BM, residing in Frankfurt-am-Main (Germany), represented by L. Levi and M. Vandenbussche, lawyers,

Applicant,

v

European Central Bank (ECB), represented by P. Embley and E. Carlini, acting as Agents, assisted by B. Wägenbaur, lawyer,

Defendant,

THE CIVIL SERVICE TRIBUNAL
(Third Chamber),

composed of S. Van Raepenbusch, President, R. Barents (Rapporteur) and K. Bradley, Judges,

Registrar: W. Hakenberg,

makes the following

Order

1        By separate document, lodged at the Registry of the Civil Service Tribunal on 24 September 2011, the Defendant raised an objection of inadmissibility against the action and requested the Tribunal to make a ruling without hearing the arguments on the substance.

2        Pursuant to the first subparagraph of Article 78(3) of the Rules of Procedure of the Civil Service Tribunal, where, by separate document, the defendant raises an objection of inadmissibility with a request that the Tribunal make a ruling without hearing the arguments on the substance, the Tribunal shall decide on that application or reserve its decision for the final judgment.

3        In the circumstances of the present case, the Tribunal considers that the objection of inadmissibility raised by the Defendant should be reserved for the final judgment, and that the proceedings should continue.

On those grounds,

THE CIVIL SERVICE TRIBUNAL (Third Chamber)

hereby orders:

1.      The application by the Defendant, the European Central Bank, that the Tribunal rule on inadmissibility without hearing the arguments on the substance is reserved for the final judgment.

2.      Costs are reserved.

Luxembourg, 29 March 2012.

W. Hakenberg

 

       S. Van Raepenbusch

Registrar

 

      President


1 Language of the case: English.