CELEX: C2005/281/21
Language: en
Date: 2005-11-12 00:00:00
Title: Case C-344/05 P: Appeal brought on 21 September 2005 by the Commission of the European Communities against the judgment delivered on 12 July 2005 by the Court of First Instance of the European Communities (single judge) in Case T-157/04 Joël de Bry v Commission of the European Communities

12.11.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 281/11
            
         Appeal brought on 21 September 2005 by the Commission of the European Communities against the judgment delivered on 12 July 2005 by the Court of First Instance of the European Communities (single judge) in Case T-157/04 Joël de Bry v Commission of the European Communities
   
   (Case C-344/05 P)
   (2005/C 281/21)
   Language of the case: French
   An appeal against the judgment delivered on 12 July 2005 by the Court of First Instance of the European Communities (single judge) in Case T-157/04 Joël de Bry v Commission of the European Communities was brought before the Court of Justice of the European Communities on 21 September 2005 by the Commission of the European Communities, represented by Lidia Lozano Palacios and Hannes Kraemer, acting as Agents.
   The appellant claims that the Court should:
   
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               set aside the judgment under appeal
            
         
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               pass final judgment on the dispute, allowing the claims submitted by the defendant at first instance and, consequently, dismissing the application in Case T-157/04;
            
         
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               in the alternative, refer the case back to the Court of First Instance;
            
         
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               order the applicant at first instance to pay the costs of the proceedings, including its own costs in the proceedings before the Court of First Instance.
            
         Pleas in law and main arguments:
   The Commission relies on a single plea against the judgment under appeal, alleging a breach of Community law in paragraphs 79 to 91 of that judgment. It submits that the Court of First Instance erred in holding, essentially, that the procedure resulting in the drawing up of a staff report containing unfavourable value judgments about the official being assessed is vitiated by a breach of this official's right to a fair hearing, where the assessors failed to record the factual basis of those value judgments, in the form of a written warning, in a ‘document’ within the meaning of the first and second paragraphs of Article 26 of the Staff Regulations, and that there was also a failure to add such documents to the personal file of the official concerned within a reasonable time of the conduct alleged or, at the very least, to bring them to the official's knowledge.