Language of document : ECLI:EU:F:2006:86


(First Chamber)

7 September 2006 (*)

(Personal appearance at the hearing)

In Case F-126/05,

ACTION under Article 236 EC and Article 152 EA,

Andrea Borbely, official of the Commission of the European Communities, residing in Brussels (Belgium), represented by R. Stötzel, lawyer,



Commission of the European Communities, represented by J. Currall and H. Kraemer, acting as Agents, with an address for service in Luxembourg,


THE TRIBUNAL (First Chamber)

composed of H. Kreppel, President, H. Tagaras (Rapporteur) and S. Gervasoni, Judges,

Registrar: W. Hakenberg,

makes the following


1        By letter of 4 July 2006, the Tribunal ordered the parties, by way of measures of organisation of procedure, to reply to questions and provide documents. The time-limit, initially laid down for 26 July 2006, was extended until 25 August 2006. The parties complied within the extended time-limit.

2        Pursuant to Article 65(a) of the Rules of Procedure of the Court of First Instance, applicable mutatis mutandis to the Tribunal by virtue of Article 3(4) of Council Decision 2004/752/EC, Euratom of 2 November 2004 establishing the European Union Civil Service Tribunal (OJ 2004 L 333, p. 7), until the entry into force of the Tribunal's Rules of Procedure, the Tribunal, on 10 July 2006, ordered the personal appearance of the applicant for the purposes of the inquiry in this case, at the hearing scheduled for 27 September 2006.

3        By letter of 28 August 2006, pursuant to article 55(2) second paragraph of the Rules of Procedure of the Court of First Instance mentioned above, the applicant submitted a request that the hearing be deferred to a later date, preferably in spring 2007, on grounds of family reasons which would obstruct her personal appearance at the hearing of 27 September 2006.

4        In the light of the foregoing, the Tribunal, considering itself sufficiently informed by the answers and the documents provided by the parties in compliance with the measures of organisation of procedure ordered by the letter of 4 July 2006, and having regard to the need to deliver judgment within a reasonable time, considers that it is no longer necessary to hear the applicant in person and decides not to defer the hearing scheduled for 27 September 2006.

On those grounds,

THE TRIBUNAL (First Chamber)

hereby orders :

1)      The hearing of the first chamber of the Tribunal scheduled for 27 September 2006 at 9h30, in case F-126/05 Borbély/Commission, shall stand.

2)      The measure of inquiry consisting in the personal appearance of the applicant at the aforementioned hearing is cancelled.

Done at Luxembourg, 7 September 2006

W. Hakenberg


      H. Kreppel




* Language of the case: English.