CELEX: 62007TJ0278
Appeal
Public service
Officials
Social security

1.
Appeal – Pleas in law – Mistaken assessment of the facts – Inadmissibility – Rejection – Legal characterisation of the facts
(Art. 225a EC)
2.
Procedure – Decision taken by reasoned order – Use of measures of organisation of procedure – Measures not precluding the
adoption of such an order
(Rules of Procedure of the Court of First Instance, Arts 64 and 111; Council Decision 2004/752, Art. 3(4))
1.
An appeal may be based only on grounds relating to the infringement of rules of law, to the exclusion of any appraisal of
the facts. The Civil Service Tribunal has exclusive jurisdiction, first, to establish the facts except where the substantive
inaccuracy of its findings is apparent from the documents submitted to it and, second, to assess those facts. However, when
the Civil Service Tribunal has established or assessed the facts, the Court of First Instance has jurisdiction under Article
225A EC to review the legal characterisation of those facts and the inferences in law which the Civil Service Tribunal has
drawn from them.
(see para. 20)
See: C‑270/99 P
Z
v
Parliament
[2001] ECR I‑9197, para. 37 and the case-law cited therein
2.
The use of the measures of organisation of procedure envisaged in Article 64 of the Rules of Procedure of the Court of First
Instance, such as an attempt to reach an amicable settlement of the dispute, is not, in itself, capable of precluding a reasoned
order from being adopted under Article 111 of the same rules, provided that the conditions laid down in that provision are
satisfied.
(see paras 41-42)
See: C‑547/03 P
AIT
v
Commission
[2006] ECR I‑845, para. 30