Order of the Court of First Instance (Third Chamber) of 30 September 2009 – Ivanov v Commission

(Case T-166/08)

Non-contractual liability – Local administrative and technical staff – Rejection of application – Jurisdiction of the Court – Annulment action time-barred – Sufficiently serious breach of a rule of law conferring rights on individuals – Act of the European Ombudsman – Action partially inadmissible and partially manifestly devoid of any legal basis

1.                     Actions for damages – Subject-matter – Claim for compensation in respect of damage for which the Community liable – Exclusive jurisdiction of the Community judicature (Art. 288, second para., EC) (see para. 41)

2.                     Actions for damages – Independent of actions for annulment – Action seeking the withdrawal of an individual decision which has become definitive – Inadmissibility (Art. 235 EC) (see paras 51-52)

3.                     Non-contractual liability – Conditions (Art. 288, second para., EC) (see paras 70-72)

Re:

ACTION for compensation for damage allegedly suffered by the applicant following the Commission’s decision refusing to recruit him as a local administrative and technical assistant at the Commission delegation in Sofia (Bulgaria).

Operative part

1. The action is dismissed.

2. Mr Vladimir Ivanov is ordered to pay the costs.