Order of the Court of First Instance (Sixth Chamber) of 16 December 2008 – Italy v EESC and Commission

(Case T-117/08)

Procedural issue – Objection of inadmissibility – Partial inadmissibility of the action – Acts not imputable to the Commission

1.                     Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute – Brief summary of the pleas in law on which the application is based (Rules of Procedure of the Court of First Instance, Art. 44(1)(c)) (see paras 14-15)

2.                     Actions for annulment – Action brought against a vacancy notice emanating from the Economic and Social Committee and not from the European Personnel Selection Office (EPSO) – Act imputable exclusively to that Committee – Action brought against the Committee and the Commission – Partial inadmissibility (Art. 230 EC) (see paras 17-21)

Re:

ANNULMENT of Vacancy Notice No 73/07 concerning the post of Secretary-General (grade A* 16) to the EESC, published in the Official Journal of the European Union on 28 December 2007 (OJ 2007 C 316 A, p. 1), and the corrigendum to that notice published in the Official Journal of the European Union on 30 January 2008 (OJ 2008 C 25 A, p. 21).

Operative part

1. The application is dismissed as inadmissible in so far as it is directed against the Commission.

2. The Italian Republic is ordered to pay, in addition to the costs it incurred in the context of the present action in so far as it is directed against the Commission, the costs incurred by the Commission.