Corrigendum to the Official Journal notice in Case T-283/08 P ( OJ C 272, 25.10.2008, p. 28 )
Date: 2008-12-06
Institutions: Court of First Instance
Subjects: Cedefop, action by staff, discretionary power, unfair dismissal, work contract

6.12.2008

EN

Official Journal of the European Union

C 313/61

CORRIGENDA

Corrigendum to the Official Journal notice in Case T-283/08 P

(‘Official Journal of the European Union C 272 of 25 October 2008, p. 28’)

(2008/C 313/113)

The correct text of the OJ notice in Case T-283/08 P Longinidis v Cedefop is as follows:

‘Appeal brought on 16 July 2008 by P. Longinidis against the judgment of the Civil Service Tribunal delivered on
24 April 2008 in Case F-74/06 Pavlos Longinidis v Cedefop

(Case T-283/08 P)

(2008/C 272/54)

Language of the case: Greek

Parties

Appellant: Pavlos Longinidis (represented by P. Giatagantzidis and S. Stavropoulou, lawyers)

Other party to the proceedings: Cedefop

Form of order sought by the appellant

— set aside the judgment of the European Union Civil Service Tribunal of 24 April 2008 in Case F-74/06 Pavlos

Longinidis v Cedefop;

— annul the decision of the Director of Cedefop of 30 November 2005 terminating the appellant's employment contract

of indefinite duration of 4 March 2003, and any other related administrative act;

— annul the decision of the Director of Cedefop of 11 November 2005 amending the composition of the Appeals

Committee of Cedefop, and any other related administrative act;

— annul the decision of the Appeals Committee of Cedefop of 24 May 2006 rejecting the appellant's complaint of

28 February 2006, and any other related administrative act;

— uphold the action brought by the appellant on 19 June 2006;

— order Cedefop to pay the costs of both the case at first instance and the appeal.

Pleas in law and main arguments

By his action, the appellant sought, inter alia, the annulment of the decision of the Director of Cedefop terminating his
employment contract of indefinite duration. That action was dismissed by judgment of the Civil Service Tribunal of
24 April 2008.

The appellant submits that the judgment under appeal was delivered in breach of the rules that govern the bringing of
evidence because it was based on matters that were not proved. More specifically, when examining the appellant's argu-
ment that the reasons for dismissal were communicated to him orally at the meeting on 23 November 2005, the Civil
Service Tribunal erred in law because it altered the subject of the evidence.

In addition, the appellant contends that the reasoning set out in the judgment under appeal is not adequate. In particular,
he asserts that the Civil Service Tribunal's reasoning was not adequate when it decided whether the appellant was appro-
priately and sufficiently informed by Cedefop as to the reasons for his dismissal and that the Tribunal did not specify all
the facts which in its view led to his dismissal.

The appellant further contends that the Civil Service Tribunal misinterpreted and misapplied Community law as regards
the following points: (i) in the light of the particular circumstances of the present case, compliance with the obligation to
state reasons would have been ensured only by written notification of the reasons for his dismissal; (ii) his dismissal
because of an isolated event constitutes a manifest error of assessment; and (iii) his rights of defence were infringed, given
that he was heard after the decision to dismiss him had been taken, that no investigation or disciplinary proceedings were
initiated in his regard and that crucial material on the file was not disclosed to him and his view was not sought on the
accusations which arose against him.

Finally, the appellant submits that his complaint of 28 February 2006 challenging the decision to dismiss him was not
heard by the Appeals Committee of Cedefop in an objective and impartial manner.’