Traduction de «rejeter une requête avec dépens » (Français → Anglais) :

(2) The Commissioner shall consider the counter statement and declaration referred to in subsection (1) and may thereupon dismiss the application if satisfied that the allegations in the application have been adequately answered, unless any of the parties demands a hearing or unless the Commissioner himself appoints a hearing, and in any case the Commissioner may require the attendance befo ...[+++]re him of any of the declarants to be cross-examined or further examined on matters relevant to the issues raised in the application and counter statement, and he may, subject to due precautions against disclosure of information to rivals in trade, require the production before him of books and documents relating to the matter in issue.

Held: The judgment of the European Civil Service Tribunal (First Chamber) in Case F-52/05 Q v Commission [2008] ECR-SC I-A-1-409 and II-A-1-2235 is set aside in that, at paragraph 2 of the operative part, it orders the Commission to pay to Q damages of EUR 500 and also the sum of EUR 15 000, in so far as that sum is intended to make good the non-pecuniary damage sustained by Q owing to an alleged delay in initiating the administrative investigation, and as, for the purposes of dismissing the remainder of the application at first instance, at paragraph 3 of the operative part, it adjudicates, at paragraphs 147 to 189 of the grounds of the judgment, on ‘the complaint of psychological harassment raised by [Q]’ and states, at paragraph 230 of t ...[+++]he grounds of the judgment, that there is no longer any need to rule on the claim for annulment of the 2003 career development reports concerning Q, drawn up for the periods 1 January to 31 October and 1 November to 31 December 2003 respectively.

Held: The judgment of the European Civil Service Tribunal (First Chamber) in Case F-52/05 Q v Commission [2008] ECR-SC I-A-1-409 and II-A-1-2235 is set aside in that, at paragraph 2 of the operative part, it orders the Commission to pay to Q damages of EUR 500 and also the sum of EUR 15 000, in so far as that sum is intended to make good the non-pecuniary damage sustained by Q owing to an alleged delay in initiating the administrative investigation, and as, for the purposes of dismissing the remainder of the application at first instance, at paragraph 3 of the operative part, it adjudicates, at paragraphs 147 to 189 of the grounds of the judgment, on ‘the complaint of psychological harassment raised by [Q]’ and states, at paragraph 230 of t ...[+++]he grounds of the judgment, that there is no longer any need to rule on the claim for annulment of the 2003 career development reports concerning Q, drawn up for the periods 1 January to 31 October and 1 November to 31 December 2003 respectively.

In particular, ordering the institution to pay the costs, even though it is the successful party, may be justified by lack of due diligence in the pre-litigation procedure where, first, it allowed the period of four months laid down in Article 90(1) of the Staff Regulations to elapse before adopting an express decision rejecting the request made by the official concerned, and second, it did not draw the official’s attention, in the decision at issue, to the fact that an implied rejection decision had already been taken and that the ti ...[+++]me-limit of three months for lodging a complaint had started running from that decision.

7. The authorities, institutions and tribunals of one Member State may not reject applications or other documents submitted to them on the grounds that they are written in an official language of another Member State, recognised as an official language of the Community institutions in accordance with Article 290 of the Treaty.

In rejecting Philips' appeal against the Commission decision to refer the French part of the operation to the French competition authorities, the CFI considered that the Commission has a certain discretionary power to grant a request for referral submitted by a Member State under Article 9 of the Merger Regulation.