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Order of the Court of First Instance (Fifth Chamber) of 26 January 2007. # Nikolaos Theofilopoulos v Commission of the European Communities. # Action for compensation - Application for return of letters of guarantee - Court of First Instance not having jurisdiction - Inadmissibility of action - Action clearly devoid of legal foundation. # Case T-91/06.
ECLI:EU:T:2007:18
62006TO0091
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(Case T-91/06)
Action for compensation – Application for return of letters of guarantee – Court of First Instance not having jurisdiction – Inadmissibility of action – Action clearly devoid of legal foundation
1.Procedure – Referral to the Court of First Instance under an arbitration clause (Arts 238 EC and 240 EC; Statute of the Court of Justice, Art. 51) (see paras 16-20)
2.Actions for annulment – Lack of jurisdiction of the Community judicature (Arts 230 EC and 288(2) EC) (see para. 21)
3.Non-contractual liability – Conditions – Illegality (Art. 288(2) EC) (see paras 23-26)
Re:
ACTION for compensation and application seeking the return of letters of guarantee.
Operative part
The Court:
Dismisses the action;
Orders Mr Nikolaos Theofilopoulos to pay the costs.