# C_2012032EN.01003702.xml

| 4.2.2012 | EN | Official Journal of the European Union | C 32/37 |
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4.2.2012

EN

Official Journal of the European Union

C 32/37

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Appeal brought on 2 December 2011 by Francesca Cervelli against the order of the Civil Service Tribunal of 12 September 2011 in Case F-98/10, Cervelli v Commission

(Case T-622/11 P)

2012/C 32/74

Language of the case: French

Parties

Parties

Appellant: Francesca Cervelli (Brussels, Belgium) (represented by J. García-Gallardo Gil-Fournier, lawyer)

Appellant:

Other party to the proceedings: European Commission

Other party to the proceedings:

Form of order sought by the appellant

Form of order sought by the appellant

| — | Admit the appeal and declare it admissible; |
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Admit the appeal and declare it admissible;

| — | Regard the appeal as having been brought in the name and for the benefit of Ms Francesca Cervelli by her legal representatives; |
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Regard the appeal as having been brought in the name and for the benefit of Ms Francesca Cervelli by her legal representatives;

| — | Declare the order delivered on 12 September 2011 by the Civil Service Tribunal void in its entirety; |
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Declare the order delivered on 12 September 2011 by the Civil Service Tribunal void in its entirety;

| — | Order the matter to be referred back to the Civil Service Tribunal for examination of the substance. |
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Order the matter to be referred back to the Civil Service Tribunal for examination of the substance.

Pleas in law and main arguments

Pleas in law and main arguments

| 1. | In support of the appeal, the appellant relies on two pleas in law.
  First plea in law, alleging a manifest error in the assessment of the facts, since the CST took the view that the appellant could not rely on the emergence of a new fact consisting in the judgment delivered by the General Court on 19 June 2007 in Case T-473/04 Asturias Cuerno v Commission, not published in the ECR. The appellant submits that that judgment constitutes a new fact, since the judgment concerns the same situation as that of the appellant and since the main part of the analysis in that judgment concerns an objective point and not facts particular to the case.
  Second plea in law, alleging a manifest error in law, since the CST gave absolute priority to the discretion based on the principle of the autonomy of the Appointing Authority over the principle of unity of the civil service. |
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1.

In support of the appeal, the appellant relies on two pleas in law.

First plea in law, alleging a manifest error in the assessment of the facts, since the CST took the view that the appellant could not rely on the emergence of a new fact consisting in the judgment delivered by the General Court on 19 June 2007 in Case T-473/04 Asturias Cuerno v Commission, not published in the ECR. The appellant submits that that judgment constitutes a new fact, since the judgment concerns the same situation as that of the appellant and since the main part of the analysis in that judgment concerns an objective point and not facts particular to the case.

Asturias Cuerno

Commission

Second plea in law, alleging a manifest error in law, since the CST gave absolute priority to the discretion based on the principle of the autonomy of the Appointing Authority over the principle of unity of the civil service.

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