Judgment — ECLI:EU:T:2017:169
Date: 2017-03-15
Language of the case: French
Court formation: Appeals Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Appeal;Staff cases - successful
Origin: Belgium

Judgment of the General Court (Appeal Chamber) of 15 March 2017 — Fernández González v Commission (Case T‑455/16 P) (Appeal — Civil service — Temporary staff — Recruitment — Employment of temporary staff in permanent posts — Plea of illegality — Error of law) 1. Appeal — Grounds — Review by the General Court of the assessment of the evidence made by the Civil Service Tribunal — Possible only where the clear sense of the evidence has been distorted — Ground of appeal alleging distortion of the clear sense of the evidence — Need to indicate precisely the evidence alleged to have been distorted and show the errors of appraisal which led to that distortion (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the General Court, Art. 195(2)) (see paras 24, 25) 2. Appeal — Pleas in law — Mere repetition of the pleas in law and arguments presented before the Civil Service Tribunal — Inadmissibility — Challenge to the interpretation or application of EU law made by that Tribunal — Admissibility (Statute of the Court of Justice, Annex I, Art. 11(1); Rules of Procedure of the General Court, Art. 195(2)) (see paras 26, 27) 3. Plea of illegality — Scope — Measures the illegality of which may be pleaded — General measure providing the basis of the contested decision — Need for a legal connection between the contested measure and the contested general measure — Effect of illegality of a measure of general scope (Art. 277 TFEU) (see paras 33, 34) Re: APPEAL brought against the judgment of the European Union Civil Service Tribunal (Single Judge) of 14 June 2016, Fernández González v Commission (F‑121/15, EU:F:2016:128), and seeking to have that judgment set aside. Operative part The Court: 1. Sets aside the judgment of the European Union Civil Service Tribunal (Single Judge) of 14 June 2016, Fernández González v Commission (F‑121/15, EU:F:2016:128); 2. Refers the case to a Chamber of the General Court other than that which has ruled on the present appeal; 3. Reserves the costs.