Judgment — ECLI:EU:T:2017:65
Date: 2017-02-09
Language of the case: English
Court formation: Appeals Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Appeal - unfounded;Appeal - inadmissible;Staff cases;Action for damages
Origin: Spain

Judgment of the General Court (Appeal Chamber) of 9 February 2017 — LD v EUIPO (Case T‑271/15 P) (Appeal — Civil service — Officials — Appraisal report — 2011/2012 appraisal period — Distortion of facts — Error of law — Breach of fiduciary duty — Legitimate expectations) 1. Appeal — Grounds — Mistaken assessment of the facts — Inadmissibility — Review by the General Court of the assessment of the evidence — Possible only where the clear sense of the evidence has been distorted (Art. 257 TFEU; Statute of the Court of Justice, Annex I, Art. 11(1)) (see paras 21, 48, 53, 69, 84) 2. Appeal — Grounds — Ground of appeal alleging distortion of the clear sense of the evidence (see para. 22) 3. Judicial proceedings — Statement of reasons for judgments — Scope (Statute of the Court of Justice, Art. 36 and Annex I, Art. 7(1)) (see paras 38, 75) 4. Appeal — Grounds — Inadequate statement of reasons — Reliance by the General Court on implied reasoning — Lawfulness — Limits — Obligation to rule on each alleged infringement of the law (Statute of the Court of Justice, Art. 36 and Annex I, Art. 7(1)) (see para. 76) 5. Officials — Reports procedure — Appraisal report — Discretion of assessors — Judicial review — Limits (Staff Regulations, Art. 43) (see para. 96) Re: APPEAL against the judgment of the Civil Service Tribunal [confidential], 1 Confidential information omitted. seeking to have that judgment set aside. Operative part The Court: 1. Dismisses the appeal; 2. Declares that LD is to bear her own costs and orders her to pay those incurred by the European Union Intellectual Property office in the present proceedings. 1 Confidential information omitted.