Judgment — ECLI:EU:T:2016:636
Date: 2016-10-27
Language of the case: French
Court formation: Appeals Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases;Action for damages;Appeal - successful

Judgment of the General Court (Appeal Chamber) of 27 October 2016 — Commission v CX(Case T‑493/15 P) (Appeal — Civil Service — Officials — Disciplinary procedure — Disciplinary sanction — Removal from post — Right to be heard — Article 22 of Annex IX to the Staff Regulations — Errors of law — Distortion of the evidence — Incomplete examination of the facts and evidence) 1. Appeal — Grounds — Mistaken assessment of the facts — Inadmissibility — General Court’s review of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 257, third para., TFEU; Statute of the Court of Justice, Annex I, Art. 11) (see para. 40) 2. Appeal — Grounds — Distortion of the clear sense of the evidence — Material inaccuracy of findings arising from documents on the file — Admissibility — Incomplete examination of the facts — Admissibility (Art. 225 EC) (see para. 41) 3. Appeal — Grounds — Review by the General Court of the assessment by the Civil Service Tribunal that additional information necessary — Possible only where the clear sense of the evidence has been distorted (Statute of the Court of Justice, Annex I, Art. 11(1)) (see para. 52) 4. Officials — Sick leave — Medical examination — Arbitration procedure for the purposes of Article 59(1) of the Staff Regulations — Purpose (Staff Regulations, Art. 59(1)) (see paras 72-74) Re: APPEAL brought against the judgment of the European Union Civil Service Tribunal (First Chamber) of 18 June 2015, CX v Commission (F‑5/14, EU:F:2015:61), seeking to have that judgment set aside. Operative part The Court: 1. Sets aside the judgment of the European Union Civil Service Tribunal (First Chamber) of 18 June 2015, CX v Commission (F‑5/14, EU:F:2015:61); 2. Refers the case back to a Chamber of the General Court of the European Union other than the Chamber which has ruled on the present appeal; 3. Reserves the costs.