Order of the Court (Seventh Chamber) of 22 January 2007.#Bart Nijs v Court of Auditors of the European Union.#Case C-373/05 P.

ORDER OF THE COURT (Seventh Chamber)

22 January 2007

Case C-373/05 P

Bart Nijs

v

Court of Auditors of the European Communities

(Appeal – Officials – Decision not to promote an official to Grade LA 5 – Previous complaint – Identity of subject-matter and legal basis – Appeal manifestly unfounded)

Appeal: against the order of the Court of First Instance (Second Chamber) of 26 May 2005 in Case T-377/04 Nijs v Court of Auditors, not published in the ECR, in which the Court of First Instance dismissed as inadmissible the action for annulment of the decision of the Court of Auditors not to promote the appellant to the post of translator-reviser (LA 5) in the 2003 promotion exercise.

Held: The appeal is dismissed. Mr Nijs is ordered to pay the costs.

Summary

Officials – Actions – Previous administrative complaint – None – Inadmissible

(Staff Regulations, Arts 90(2) and 91(2))