Order of the Court (Eighth Chamber) of 3 February 2009 – Giannini v Commission
(Case C‑231/08 P)
Appeal – Community civil service – Right to a fair hearing – Infringement of Articles 4, 27 and 29 of the Staff Regulations – Principle of non‑discrimination – Interest of the service and duty of care – Distortion of the evidence and rules on evidence – Appeal manifestly inadmissible in part and manifestly unfounded in part
1.Procedure – Duration of the proceedings before the Court of First Instance – Reasonable time – Criteria for assessment – Consequences (see para. 30)
2.Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Error of law relied on not identified – Inadmissible (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1)(c)) (see paras 43-45)
3.Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see paras 62-63, 68)
Re:
| Appeal against the judgment of the Court of First Instance (Third Chamber) delivered on 12 March 2008 in Case T‑100/04 | Giannani | v | Commission | in which the Court of First Instance dismissed the appellant’s application for annulment of the decision of the selection board in Competition COM/A/9/01, to constitute a reserve list for the recruitment of administrators in the fields of economics and statistics, not to include his name on the competition reserve list and for damages to be awarded – Infringement of the right to a fair hearing by reason of the excessive length of the procedure – Infringement of Articles 4, 27 and 29 of the Staff Regulations and the concepts of interest of the service and duty of care – Infringement of the principle of non‑discrimination and the rules on evidence. |
Operative part
1. |
| The appeal is dismissed. |
2. |
| Mr Giannini is ordered to pay the costs. |