Sygn. akt C-525/07
Order of the Court (Fifth Chamber) of 28 November 2008 – Combescot v Commission
(Case C‑525/07 P)
Appeal – Officials – Career development report – Duty to provide assistance – Mental harassment – Compensation for damage – Appeal in part manifestly inadmissible and in part manifestly unfounded
1. Appeals – Grounds – Admissibility (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 para. 34)
2. Appeals – Grounds – Incorrect assessment of the facts – Inadmissibility – Review by the Court of the assessment – Possible only where the clear sense of the evidence has been distorted (Art. 225 EC, Statute of the Court of Justice, Art. 58) (see para. 49)
3. Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – 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 50-51)
4. Appeals – Grounds – Inadequate or contradictory grounds (Art. 225 EC, Statute of the Court of Justice, Art. 58) (see para. 62)
Re:
Appeal against the judgment of the Court of First Instance (Second Chamber) of 12 September 2007 in Case T-249/04
Combescot
v
Commission
, by which that Court dismissed an application for, first, recognition that the conduct of the appellant’s hierarchical superiors was unlawful, recognition that the appellant had the right to assistance, and annulment of the appellant’s career development report for the period from 1 July 2001 to 31 December 2002; and, second, payment of compensation for the damage allegedly suffered by the appellant.
Operative part
The Court:
1.
Dismisses the appeal;
2.
Orders Mr Combescot to pay the costs of the appeal.
