26 June 2008

Case F-136/07

Bart Nijs


Court of Auditors of the European Communities

(Civil service – Officials – Previous complaint – Defect – Time-limit for instituting proceedings – Lateness – Manifest inadmissibility)

Application: brought under Articles 236 EC and 152 EA, in which Mr Nijs seeks, first, annulment of the decision of the appointing authority to demote him from Grade AD 10, step 6, to Grade AD 9, step 5, and of the associated and subsequent decisions, in particular that of 26 September 2006 to suspend him from his post, that of 27 September 2007 to open an administrative inquiry in respect of him, and that not to promote him to Grade AD 11 in 2007, together with the decision of the Court of Auditors of 8 March 2007 to renew the appointment of its Secretary General for a period of six years starting on 1 July 2007, and, second, compensation for the non-material and material harm which he claims to have suffered.

Held: The action is dismissed as manifestly inadmissible. The applicant is ordered to pay all the costs.


Procedure – Application initiating proceedings – Formal requirements

(Rules of Procedure of the Civil Service Tribunal, Art. 35(1)(d))

An action by an official which does not precisely identify the measures being challenged and thus does not satisfy the requirements laid down in Article 35(1)(d) of the Rules of Procedure of the Civil Service Tribunal is manifestly inadmissible.

(see para. 24)


T-72/92 Benzler v Commission [1993] ECR II‑347, paras 16, 18 and 19