Sygn. akt C-526/07
Order of the Court (Fifth Chamber) of 28 November 2008 – Combescot v Commission
(Case C‑526/07 P)
Appeal – Officials – Appointment to the post of Head of Delegation in Colombia – Exclusion from competition – Application for damages – Determination of the extent of compensation – Appeal in part manifestly inadmissible and in part manifestly unfounded
1. Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility –Review by the Court 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 para. 30)
2. Appeals – Grounds – Inadequate statement of reasons (see paras 48, 50)
Re:
Appeal against the judgment of the Court of First Instance (Second Chamber) of 12 September 2007 in Case T-250/04
Combescot
v
Commission
, by which that Court dismissed the appellant’s application for recognition that the decision excluding him from the competition for appointment to the post of Head of Delegation in Colombia was unlawful, dismissed the application for annulment of the procedure of that competition and of the decision making the appointment to the post concerned, and held that there was only non-material damage, rejecting the claim for compensation for the other heads of damage raised by the appellant.
Operative part
The Court:
1.
Dismisses the appeal;
2.
Orders Mr Combescot to pay the costs of the appeal.
