Order of the Court (Seventh Chamber) of 25 October 2007 — Nijs v Court of Auditors

(Case C-495/06 P)

Order of the Court (Seventh Chamber) of 25 October 2007 — Nijs v Court of Auditors

(Case C-495/06 P)

‛Appeal — Promotion — 2003 promotion procedure — Staff report — Decision establishing the definitive version of the report — Decision to promote another official to the grade of Translator-reviser — Claim for compensation for damage — Appeal in part manifestly inadmissible and in part manifestly unfounded’

1. Appeals — Grounds — Mistaken assessment of the facts — Inadmissibility — Review by the Court of Justice 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, first para.) (see para, 60)

2. Appeals — Grounds — Mere repetition of the pleas and arguments put forward before the Court of First Instance — Mere repetition of the pleas and arguments put forward before the Court of First Instance — Inadmissible (Art 225 EC; Statute of the Court of Justice, Art 58, first para.; Rules of Procedure of the Court of Justice, Art 112(1)(c)) (see paras 64-68)

Re:

APPEAL brought against the judgment of the Court of First Instance (Second Chamber) of 3 October 2006 in Case T-171/05 Nijs v Court of Auditors, in which the Court of First Instance dismissed — in so far as it relied on grounds other than a failure to give reasons — the action seeking, first, annulment of the decision establishing the definitive version of the appellants staff report for the 2003 reporting period, the decision allocating the appellant merit points for the 2003 reporting period and the decision not to promote him in 2004, and of the decision rejecting the complaint brought against those decisions and, secondly, an application for compensation in respect of the harm suffered.

Operative part

1. The appeal is dismissed;

2. Mr Nijs is ordered to pay the costs.

Order of the Court (Seventh Chamber) of 25 October 2007 — Nijs v Court of Auditors

(Case C-495/06 P)

‛Appeal — Promotion — 2003 promotion procedure — Staff report — Decision establishing the definitive version of the report — Decision to promote another official to the grade of Translator-reviser — Claim for compensation for damage — Appeal in part manifestly inadmissible and in part manifestly unfounded’

1. Appeals — Grounds — Mistaken assessment of the facts — Inadmissibility — Review by the Court of Justice 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, first para.) (see para, 60)

2. Appeals — Grounds — Mere repetition of the pleas and arguments put forward before the Court of First Instance — Mere repetition of the pleas and arguments put forward before the Court of First Instance — Inadmissible (Art 225 EC; Statute of the Court of Justice, Art 58, first para.; Rules of Procedure of the Court of Justice, Art 112(1)(c)) (see paras 64-68)

Re:

APPEAL brought against the judgment of the Court of First Instance (Second Chamber) of 3 October 2006 in Case T-171/05 Nijs v Court of Auditors, in which the Court of First Instance dismissed — in so far as it relied on grounds other than a failure to give reasons — the action seeking, first, annulment of the decision establishing the definitive version of the appellants staff report for the 2003 reporting period, the decision allocating the appellant merit points for the 2003 reporting period and the decision not to promote him in 2004, and of the decision rejecting the complaint brought against those decisions and, secondly, an application for compensation in respect of the harm suffered.

Operative part

1. The appeal is dismissed;