Order of the General Court of 25 March 2011 - Noko Ngele v Commission and Others
(Non-contractual liability - Action brought in part before a court which has no jurisdiction - Action inadmissible in part - Absence of causal link - Action in part manifestly devoid of any basis in law - Articles 111 and 114 of the Rules of Procedure of the General Court)
Language of the case: French
Parties
Applicant: Mariyus Noko Ngele (Brussels, Belgium) (represented by: F. Sabakunzi, lawyer)
Defendants: European Commission (represented by: A. Bordes, agent), AT (Brussels, Belgium) AU (Brussels), AV (Brussels) and AW (Brussels)
Re:
Action for damages for the loss allegedly suffered by the applicant as a result of the impossibility of pursuing recovery of a debt owed to him and the non-material damage allegedly suffered by the applicant as a result of criminal proceedings instigated against him in Belgium
Operative part of the order
The action is dismissed on the basis that it has been brought before a court that has no jurisdiction to hear it, in so far as it is directed against AT, AU, AV and AW.
Mr Mariyus Noko Ngele's head of claim seeking from the Court a declaration that the Centre pour le développement des entreprises (CDE) never replaced the Centre pour le développement industriel (CDI) and that the CDE does not exist in law or have legal personality in Belgium is dismissed on the basis that it is made before a court that has no jurisdiction to hear it.
Mr Noko Ngele's claim that the Court should order that the judgment to be delivered is enforceable is rejected as inadmissible.
The action is dismissed as to the remainder as manifestly devoid of any basis in law.
Mr Noko Ngele is ordered to pay the costs of the present proceedings and those of the proceedings for interim measures.
____________1 - OJ C 161, 19.6.2010.