Language of document : ECLI:EU:F:2009:77


(Second Chamber)

2 July 2009

Case F-98/08

Bart Nijs


Court of Auditors of the European Communities

(Civil service – Officials – Promotion – 2008 promotion procedure – Action manifestly unfounded and manifestly inadmissible)

Application: brought under Articles 236 EC and 152 EA, in which Mr Nijs seeks, in particular, annulment of the decision of the Court of Auditors not to promote him in 2008, as shown by the absence of his name from the list of officials promoted in the 2008 procedure, drawn up by the Secretary-General of the Court of Auditors (Staff Note No 32‑2008 of 5 May 2008), and of the acts preparatory to and subsequent to that decision, as well as an order for the Court of Auditors to pay damages.

Held: The action is dismissed as, in part, manifestly inadmissible and, in part, manifestly unfounded. The applicant is ordered to bear all the costs.


Officials – Actions – Actions for annulment – Claim for damages – Inadmissible without a pre-litigation procedure seeking damages

(Staff Regulations, Arts 90 and 91)

Claims for damages are manifestly inadmissible for non-compliance with the pre-litigation procedure as laid down in Articles 90 and 91 of the Staff Regulations where the official has not first submitted an application for compensation for the alleged harm.

(see para. 27)