Order — ECLI:EU:C:2018:102
Date: 2018-02-22
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;Action for damages
Origin: Romania

Order of the Court (Seventh Chamber) of 22 February 2018 — GX v Commission (Case C‑233/17 P) (1) (Appeal — Article 181 of the Rules of Procedure — Civil service — Open Competition EPSO/AD/248/13 — Decision not to include the appellant on the reserve list) 1. Appeal — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 21-23, 26-28) 2. Appeal — Grounds — Plea directed against a superfluous ground — Invalid plea in law — Rejection (Art. 256(1) TFEU) (see paras 31-33) 3. Appeal — Grounds — Incorrect assessment of the facts and evidence — Review by the Court of the findings of fact — Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 37, 38, 46-48, 50) Operative part 1. The appeal is dismissed. 2. GX shall bear his own costs and pay those incurred by the European Commission. 1 OJ C 221, 10.7.2017.