# C_2009044EN.01001001.xml

| 21.2.2009 | EN | Official Journal of the European Union | C 44/10 |
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21.2.2009

EN

Official Journal of the European Union

C 44/10

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Judgment of the Court (Fourth Chamber) of 22 December 2008 — Donal Gordon v Commission of the European Communities

(Case C-198/07 P) (1)

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(Appeal - Career development report - Action for annulment - Legal interest in bringing proceedings - Official in a state of total permanent invalidity)

(2009/C 44/16)

Language of the case: English

Parties

Appellant: Donal Gordon (represented by: J. Sambon, P.-P. Van Gehuchten and P. Reyniers, avocats)

Appellant:

Other party to the proceedings: Commission of the European Communities (represented by: J. Currall and H. Krämer, acting as Agents)

Other party to the proceedings:

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber) of 7 February 2007 in Case T-175/04 Gordon v Commission — Action for annulment of the applicant's career development report for the 2001-2002 appraisal procedure — Legal interest in bringing proceedings — Official retired on the ground of total permanent invalidity during the proceedings

Gordon

Commission

Operative part of the judgment

The Court:

| 1) | Sets aside the judgment of the Court of First Instance of the European Communities of 7 February 2007 in Case T-175/04 Gordon v Commission in so far as the Court of First Instance declared that there was no need to rule on the application for annulment brought by Mr Gordon; |
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1)

Sets aside the judgment of the Court of First Instance of the European Communities of 7 February 2007 in Case T-175/04 Gordon v Commission in so far as the Court of First Instance declared that there was no need to rule on the application for annulment brought by Mr Gordon;

Gordon

Commission

| 2) | Dismisses the appeal as inadmissible in so far as it challenges the dismissal of the claim for damages in the judgment of the Court of First Instance referred to; |
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2)

Dismisses the appeal as inadmissible in so far as it challenges the dismissal of the claim for damages in the judgment of the Court of First Instance referred to;

| 3) | Annuls the decision of the Commission of the European Communities of 11 December 2003 rejecting Mr Gordon's complaint against the decision of 28 April 2003 confirming his career development report for the period from 1 July 2001 to 31 December 2002; |
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3)

Annuls the decision of the Commission of the European Communities of 11 December 2003 rejecting Mr Gordon's complaint against the decision of 28 April 2003 confirming his career development report for the period from 1 July 2001 to 31 December 2002;

| 4) | Orders the Commission of the European Communities to pay the costs incurred by Mr Gordon before the Court of Justice of the European Communities and the Court of First Instance of the European Communities. |
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4)

Orders the Commission of the European Communities to pay the costs incurred by Mr Gordon before the Court of Justice of the European Communities and the Court of First Instance of the European Communities.

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(1)  OJ C 129, 9.6.2007.

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