ORDER OF THE COURT OF FIRST INSTANCE (Appeal Chamber)

8 May 2008

Case T-92/07 P

Jacques Frankin and Others

Commission of the European Communities

(Appeal – Civil service – Officials and members of the temporary staff – Pension – Transfer of pension rights – Appeal manifestly inadmissible – Appeal manifestly unfounded)

Appeal:against the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 16 January 2007 in Case F‑3/06 Frankin and Others v Commission [2007] ECR-SC I-A-1-0000 and II-A-1-0000 seeking the annulment of that judgment.

Held:The appeal is dismissed. MrJacques Frankin and the 482 other officials and members of the temporary staff of the Commission whose names are listed in the annex to the judgment are to bear their own costs and the costs incurred by the Commission in the context of the present instance.

Summary

Appeals – Pleas in law – Error of law relied on not identified – Inadmissibility

(Statute of the Court of Justice, AnnexI, Art.11(1); Rules of Procedure of the Court of First Instance, Art.138(1)(c))

It is clear from Article 11(1) of Annex I to the Statute of the Court of Justice and Article 138(1)(c) of the Rules of Procedure of the Court of First Instance that an appeal against decisions of the Civil Service Tribunal must indicate precisely the contested elements of the judgment which the appellant seeks to have set aside and also the legal arguments specifically advanced in support of the appeal. That requirement is not satisfied by an appeal which, without even including an argument specifically identifying the error of law allegedly vitiating the judgment under appeal, merely reproduces the pleas in law and arguments previously submitted to the Civil Service Tribunal. Such an appeal amounts in reality to no more than a request for re-examination of the application already submitted to the Civil Service Tribunal, which falls outside the jurisdiction of the Court of First Instance.

(see paras 21-22)

See C‑352/98P Bergaderm and Goupil v Commission [2000] ECR I‑5291, paras 34 and35; C‑345/00P FNAB and Others v Council [2001] ECR I‑3811, para. 30; C‑248/99P France v Monsanto and Commission [2002] ECR I‑1, para. 68; C‑488/01P Martinez v Parliament [2003] ECR I‑13355, para. 40