ORDER OF THE COURT (Fifth Chamber)
28 November 2008
Case C-526/07 P
Philippe Combescot
v
Commission of the European Communities
(Appeal – Officials – Appointment to the post of Head of Delegation in Colombia – Exclusion from competition – Application for damages – Determination of the extent of compensation – Appeal in part manifestly inadmissible and in part manifestly unfounded)
Appeal: against the judgment of the Court of First Instance (Second Chamber) in Case T-250/04 Combescot v Commission [2007] ECR-SC I-A-2-0000 and II-A-2-0000 by which that Court dismissed the appellant’s application for recognition that the
decision excluding him from the competition for appointment to the post of Head of Delegation in Colombia was unlawful, dismissed
the application for annulment of the procedure of that competition and of the decision making the appointment to the post
concerned, and held that there was only non-material damage, rejecting the claim for compensation for the other heads of damage
raised by the appellant.
Held: The appeal is dismissed. Mr Combescot is ordered to pay the costs of the appeal.
Summary
1.        Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of the assessment of the evidence
– Possible only where the clear sense of the evidence has been distorted
(Art. 225 EC; Statute of the Court of Justice, Art. 58)
2.        Appeals –Grounds– Inadequate statement of reasons