ORDER OF THE CIVIL SERVICE TRIBUNAL
(Third Chamber)
18 November 2009
Case F-11/05 RENV
Olivier Chassagne
v
Commission of the European Communities
(Civil service – Referral back to the Tribunal after setting aside – No need to adjudicate)
Application:brought by MrChassagne under Articles 236 EC and 152 EA and registered under reference F‑11/05. By an order of 29June 2006 in Case F-11/05 Chassagne v Commission (ECR-SCI‑A‑1‑65 and II‑A‑1‑241) the Civil Service Tribunal dismissed the applicant’s action as manifestly inadmissible. By a judgment on appeal of 19September 2008 in Case T-253/06P Chassagne v Commission ECR-SC I-B-1-0000 and II-B-1-0000, the General Court set aside the order of 29June 2006 (Chassagne v Commission, cited above) and referred the case back to the Civil Service Tribunal.
Held:There is no need to adjudicate in Case F‑11/05RENV Chassagne v Commission, which is removed from the register of the Tribunal. The Commission is ordered to pay the costs incurred by the applicant up to the delivery of the judgment of the General Court of 19September 2008. Each party is ordered to bear its own costs incurred after delivery of that judgment.
Summary
Procedure – Applicant’s failure to act – Application devoid of purpose – No need to adjudicate
(Rules of Procedure of the Civil Service Tribunal, Art.75)
In the interest of the proper administration of justice, it is for the Civil Service Tribunal, in the light of an applicant’s persistent failure to act, to find of its own motion, in accordance with Article 75 of its Rules of Procedure, that an action has become devoid of purpose and that there is no longer any need to adjudicate on it.
(see para. 28)
See:
Judgment of 20June 2008 in T-299/06 Leclercq v Commission, not published in the ECR