Case T-49/08 P: Appeal brought on 18 January 2008 by C. Michail against the judgment of the Civil Service Tribunal delivered on 22 November 2007 in Case F-67/05 Michail v Commission
Date: 2008-01-18
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, appeal, personnel administration, staff assessment

C 107/28

EN

Official Journal of the European Union

26.4.2008

Appeal brought on 18 January 2008 by C. Michail against
the judgment of the Civil Service Tribunal delivered on
22 November 2007 in Case F-67/05 Michail v Commission

judgment displays inadequate reasoning and therefore infringes
fundamental procedural rights enjoyed by the appellant and
breaches Community law.

(Case T-49/08 P)

(2008/C 107/47)

Language of the case: Greek

Action brought on 5 February 2008 — UEFA v
Commission

Parties

Appellant: Christos Michail (represented by C. Meïdanis, lawyer)

Other party to the proceedings: Commission of
Communities

the European

(Case T-55/08)

(2008/C 107/48)

Language of the case: English

Form of order sought by the appellant

Parties

— set aside the judgment of the Civil Service Tribunal in Case
F-67/05 in so far as it does not rule upon financial compen-
sation for the non-material harm which he suffered as a
result of acts and omissions of the administrative authority;

Applicant: Union des associations européennes de football
(UEFA)
(represented by: A. Bell and K.
Learoyd, Solicitors)

(Nyon, Switzerland)

— determine the financial compensation for the non-material
harm to the appellant, which amounts to EUR 120 000;

Defendant: Commission of the European Communities

— make an order as to costs as laid down by law.

Pleas in law and main arguments

The appellant submits that, in the contested judgment, the Civil
Service Tribunal erred in ruling upon his application for annul-
ment of his career development report for 2003 and of the
decision of the appointing authority rejecting the complaints
submitted by him under Article 90(2) of the Staff Regulations.

More specifically, the appellant contends that the Civil Service
Tribunal wrongly refused to grant financial compensation for
the non-material harm which he suffered as a result of his being
assigned to the Directorate-General for Agriculture (DG AGRI)
after the Directorate-General for Financial Control, within which
he fell, was abolished. In the appellant's submission, the Civil
Service Tribunal applied Community law incorrectly as a result
of misappraisal of the evidence and contradictory reasoning.

The appellant also submits that the Civil Service Tribunal erred
in refusing to rule upon a particular claim or otherwise that its

Form of order sought

— Annulment of the contested decision insofar as it approves,
as a matter of Community law, the listing in the United
Kingdom of the entire EURO; and

— an order that the Commission pay its own costs and UEFA's

costs in relation to these proceedings.

Pleas in law and main arguments

Under Article 3a of Council Directive 89/552/EEC (1) a Member
State may draw up a list of sporting or other events that are
considered to be events of ‘major importance to society’. The
events on the list cannot be the subject of exclusive broadcasting
rights which prevent a substantial proportion of the public in
that Member State from watching the event via live coverage or
deferred coverage on free television.