Orders nº T-213/08 REV of Court of First Instance of the European Communities, July 31, 2009

• Resolution Date: July 31, 2009
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-213/08 REV

In Case T-213/08 REV,

Daniela Marinova, residing in Sofia (Bulgaria), represented by G. Stratiev Georgiev, lawyer,

applicant,

v

Université Libre de Bruxelles

and

Commission of the European Communities

defendants,

APPLICATION FOR REVISION of the order of the Court of First Instance of 5 November 2008 in Cases T-213/08 and T-213/08 AJ Marinova v Université Libre de Bruxelles and Commission (not published in the ECR),

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Sixth Chamber),

composed of A.W.H. Meij (Rapporteur), President, V. Vadapalas and L. Truchot, Judges,

Registrar: E. Coulon,

makes the following

Order

Background

1 In the context of the -Marie Curie Incoming International Fellowships-, one of the Marie Curie actions within the framework of the specific technological research and development programme termed -Structuring ERA-, the Commission, acting on behalf of the European Communities, concluded a contract with the Université Libre de Bruxelles (ULB) on 14 April 2007 for the Community financing of a research project entitled -Active Structures with Smart Materials: Modelling, Control, Numerical Simulation and Experimental Validation- (Contract No 038950 (MEIF CT/2007 038950)). Annex I to that contract designates Professor Preumont as the person in charge of the research project, and the applicant as a researcher.

2 The contract contains a clause conferring jurisdiction on the Community courts to rule on any dispute arising between the Community and the ULB as regards the validity, performance or interpretation of that contract.

3 On 31 August and 5 October 2007, the ULB concluded two contracts of employment - the first for a period of three months and the second for a period of nine months - with the applicant, who had been recruited as a researcher with a view to carrying out the above research project, financed by the Community (-the contract of employment-).

4 By letter of 19 December 2007, the applicant lodged a complaint with the Commission concerning the content and the performance of the contract of employment. By letter of 11 February 2008, the Commission replied essentially that, according to the information it had received from the ULB, the applicant had the usual contract of employment with comprehensive social benefits. The Commission added that, when the project came to an end, it would check that the ULB had paid the applicant using the share of the Community financial contribution provided for under Contract No 038950 (part D of Annex I) for the work performed by the applicant. Lastly, for further questions relating to the contract of employment, the Commission suggested to the applicant that she contact the ULB directly. Following a second complaint from the applicant dated 10 March 2008, the Commission replied by letter of 14 April 2008.

5 By application lodged at the Registry of the Court of First Instance on 8 June 2008, the applicant brought an action in contract based on the arbitration clause contained in Contract No 038950 (MEIF CT/2007 038950), referred to above.

6 By letter of 25 August 2008, the applicant lodged an application for legal aid pursuant to Article 95 of the Rules of Procedure.

7 By order of 5 November 2008, in Cases T-213/08 and T-213/08 AJ Marinova v Université Libre de Bruxelles and Commission, not published in the ECR, the Court of First Instance dismissed the action as clearly inadmissible and, consequently, also dismissed the application for legal aid.

Procedure and forms of order sought

8 By document lodged at the Registry of the Court of First Instance on 17 March 2009, pursuant to Article 44 of the Statute of the Court of Justice and Article 125 of the Rules of Procedure of the Court of First Instance, Mrs Marinova brought an action for revision of the order of 5 November 2008.

9 The applicant for revision claims that the President of the Court of First Instance should:

- assign the present Case T-213/08 REV to an appropriate chamber.

10 She claims that the Court should:

- retract the order of 5 November 2008 in its entirety as being an illegal decision;

- ensure the regular conduct of the procedure, hear the applicant and ensure the effective resolution of the dispute in Cases T-213/08 and T-213/08 AJ, in accordance with the provisions of the Rules of Procedure;

- ensure the safeguarding of the evidence and order the production by the ULB and the Commission of all administrative and accounting documents relating to Contract No 038950 (MEIF CT/2007 038950);

- appoint an expert in order to determine, inter alia, the whole of the amounts due from the ULB to the applicant pursuant to the abovementioned contract;

- uphold all the claims formulated in the application initiating proceedings in Case T-213/08, and in particular:

- order the ULB to pay her all sums due to her under Contract No 038950 (MEIF CT/2007 038950);

- order the ULB and the Commission, jointly and severally, to pay her EUR 100 000 in compensation for the losses and loss of earnings suffered, on account of her not having been in a position to make use of her competences in the implementation of the project in question financed by the European Community;

- order the ULB and the...