Order — ECLI:EU:T:2013:542
Date: 2013-10-08
Language of the case: Greek
Court formation: Appeals Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Appeal - unfounded;Staff cases;Action for damages

Summary 1. Appeals — Pleas in law — Incorrect assessment of the facts — Inadmissibility — Review by the General Court of the assessment of the facts and 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)) 2. Actions brought by officials — Pleas in law — Misuse of powers — Concept — Burden of proof borne by the official 3. Judicial proceedings — Measures of organisation of procedure — Measures of inquiry — Discretion of the Courts of the Union — Scope 1. See the text of the decision. (see para. 19) See: T‑222/07 P Kerstens v Commission [2008] ECR-SC I-B-I‑37 and II-B-I‑267, paras 60-62 and the case-law cited therein 2. See the text of the decision. (see para. 26) See: C‑274/11 and C‑295/11 Spain v Council [2013] ECR, para. 33 and the case-law cited therein 3. The assessment of the appropriateness of adopting a measure of organisation of procedure or a measure of inquiry, for the purposes of the decision which the court must make, is a matter for the court, not the parties. However, whilst it is true that a party cannot require the Courts of the European Union to adopt a measure of organisation of procedure or a measure of inquiry, it is none the less true that the court cannot draw inferences from the absence of certain items in the file until it has exhausted all the means provided for in its rules of procedure to obtain production of those items from the relevant party. (see paras 39-40) See: T‑560/08 P Commission v Meierhofer [2010] ECR II‑1739, paras 61 and 62