Order of the Court (Seventh Chamber) of 4 October 2010 – Ivanov v Commission
(Case C‑532/09 P)
Appeal – Action for non-contractual liability – Loss of an opportunity for recruitment – Abuse of process – Appeal in part manifestly inadmissible and in part manifestly unfounded
1.Actions for damages – Autonomy in relation to the action for annulment – Action seeking the withdrawal of an individual decision that has become definitive – Inadmissibility (Art. 235 EC) (see para. 24)
2.Appeals – Grounds – Plea submitted for the first time in the context of the appeal – Inadmissibility (see paras 36-37)
Re:
| Appeal brought against the order of the Court of First Instance (Third Chamber) of 30September2009 in CaseT-166/08 | Ivanov | v | Commission | , by which that court dismissed the action brought by the appellant seeking compensation for the damage he allegedly suffered following a Commission decision refusing to recruit him as a local administrative and technical assistance employee at the Commission delegation in Sofia – Autonomous nature of the action for non-contractual liability in relation to the action for annulment – Reservation of abuse of process – Possible for the Court of First Instance to have raised that rule of its own motion. |
Operative part
1. |
| 1. The appeal is dismissed. |
2. |
| 2. Mr Ivanov is ordered to pay the costs. |