7.3.2009   

EN

Official Journal of the European Union

C 55/27


Order of the Court of First Instance of 16 December 2008 — Italy v EESC and Commission

(Case T-117/08) (1)

(Procedural issue - Objection of inadmissibility - Partial inadmissibility of the action - Lack of imputability of acts to the Commission)

(2009/C 55/50)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: I. Bruni, acting as Agent, and P. Gentili, Avvocato dello Stato)

Defendants: European Economic and Social Committee (represented by M. Bermejo Garde, acting as Agent, and A. Dal Ferro, lawyer) and Commission of the European Communities (represented by J. Currall, acting as Agent);

Intervener in support of the applicant: Kingdom of Spain (represented by F. Díez Moreno, Abogado del Estado)

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 of the order

1.

The application is rejected 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.


(1)  OJ C 116, 9.5.2008.