Order;Information — ECLI:EU:C:2021:42
Date: 2021-01-20
Language of the case: English
Court formation: Seventh Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Appeal - unfounded;Appeal - inadmissible;Staff cases

Order of the Court (Seventh Chamber) of 20 January 2021 – ZU v EEAS (Case C‑266/20 P) (Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Sick leave – Failure to attend a medical examination – Opinion of the medical service – Amendments made in the Human Resource Management information system – Acts not amenable to review – Decision on the classification of the absence following the failure to attend – Absence deducted from annual leave – Appeal in part manifestly inadmissible and in part manifestly unfounded) 1. Appeal – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted – Requirement that the distortion be obvious from the documents in the file (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 4, 14-16) 2. Appeal – Grounds – Mere repetition of the pleas and arguments put forward before the General Court – Error of law relied on not identified – Manifest inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Arts 168(1)(d) and 169) (see paras 4, 18) 3. Officials – Sick leave – Evidence of illness – Production of a medical certificate – Assumption that an absence is valid – Medical examination visit – Failure by the official to attend – Consequences (Staff Regulations, Art. 59(1), third para.) (see paras 6-8) 4. Actions brought by officials – Act adversely affecting an official – Concept – Preparatory act – Opinion of the medical service concerning an official’s sick leave – Not included (Staff Regulations, Arts 59(1), third para., 90 and 91) (see paras 9-12) Operative part 1. The appeal is dismissed as, in part, manifestly inadmissible and, in part, manifestly unfounded. 2. ZU shall bear his own costs.