CELEX: 62005CO0172
Language: en
Date: 2006-06-13 00:00:00
Title: Order of the Court (Fifth Chamber) of 13 June 2006. # Ornella Mancini v Commission of the European Communities. # Appeal - Officials - Post of medical officer - Notice of vacancy - Comparative examination of merits - Composition of the selection board - Appeal in part manifestly inadmissible and in part manifestly unfounded. # Case C-172/05 P.

Order of the Court (Fifth Chamber) of 13 June 2006 – Mancini v Commission
      (Case C-172/05 P)
      Appeal – Officials – Post of medical officer – Notice of vacancy – Comparative examination of merits – Composition of the selection board – Appeal in part manifestly inadmissible and in part manifestly unfounded
      1.                     Appeal – Grounds – Incorrect assessment of the facts – Whether admissible – Review by the Court of Justice of the assessment
            of the facts – Excluded except in the case of disortion of the facts (Art. 225 EC; Statute of the Court of Justice, Art. 58,
            first para.) (see paras 17-18)
      2.                     Procedure – Introduction of new pleas in law in the course of the proceedings (Rules of Procedure of the Cour of Justice,
            Arts 42(2) and 118) (see para. 20)
      3.                     Appeal – Grounds – Contradictory reasoning – Whether admissible (see para. 25)
      4.                     Procedure – Duty of the court to respect the context of the dispute as defined by the parties (see para. 41)
      Re:
      
         APPEAL brought against the judgment of the Court of First Instance (Fourth Chamber) of 3 February 2005 in Case T-137/03 
               Mancini
                v 
               Commission
               , by which the Court of First Instance dismissed an application, first, for annulment of the Commission’s decision not to
                  appoint the applicant to the post of medical officer at the ‘Medical Service – Brussels’ unit and of the decision to appoint
                  another candidate to that post and, secondly, for damages.
               
            Operative part:
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Dismisses the appeal;
               
            
         
                  2.
               
               
                  
               
               
                  Orders the appellant to pay the costs.