CELEX: 62008CB0231
Language: en
Date: 2009-02-03 00:00:00
Title: Case C-231/08 P: Order of the Court of 3 February 2009 — Massimo Giannini v Commission of the European Communities (Appeal — Community civil service — Right to a fair hearing — Infringement of Articles 4, 27 and 29 of the Staff Regulations — Principle of non-discrimination — Interest of the service and duty of care — Distortion of the evidence and rules on evidence — Appeal manifestly inadmissible in part and manifestly unfounded in part)

16.5.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 113/18
            
         Order of the Court of 3 February 2009 — Massimo Giannini v Commission of the European Communities
   (Case C-231/08 P) (1)
   
   (Appeal - Community civil service - Right to a fair hearing - Infringement of Articles 4, 27 and 29 of the Staff Regulations - Principle of non-discrimination - Interest of the service and duty of care - Distortion of the evidence and rules on evidence - Appeal manifestly inadmissible in part and manifestly unfounded in part)
   2009/C 113/36
   Language of the case: French
   
      Parties
   
   
      Appellant: Massimo Giannini (represented by: L. Levi and C. Ronzi, avocats)
   
      Other party to the proceedings: Commission of the European Communities (represented by: G. Berscheid and L. Lozano Palacios, Agents)
   
      Re:
   
   Appeal against the judgment of the Court of First Instance (Third Chamber) delivered on 12 March 2008 in Case T-100/04 Giannani v Commission in which the Court dismissed the appellant’s application for annulment of the decision of the selection board in Competition COM/A/9/01 with a view to constituting a reserve list for the recruitment of administrators in the fields of economics and statistics not to include his name on the competition reserve list and for damages to be awarded — Infringement of right to a fair hearing by reason of the excessive length of the procedure — Infringement of Articles 4, 27 and 29 of the Staff Regulations and the concepts of interest of the service and duty of care — Infringement of the principle of non-discrimination and the rules on evidence
   
      Operative part of the order
   
   
               1.
            
            
               The appeal is dismissed.
            
         
               2.
            
            
               The appellant is ordered to pay the costs.
            
         
      (1)  OJ C 223, 30.8.2008.