CELEX: 62008CO0231
Language: en
Date: 2009-02-03 00:00:00
Title: Order of the Court (Eighth Chamber) 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.#Case C-231/08 P.

ORDER OF THE COURT (Eighth Chamber) 
      3 February 2009
      Case C-231/08 P
      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)
      Appeal: against the judgment of the Court of First Instance (Third Chamber) of 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.
      
      Held:  The appeal is dismissed. Mr Giannini is ordered to pay the costs of the appeal.
      
      Summary
      1.        Procedure – Duration of the proceedings before the Court of First Instance – Reasonable time – Criteria for assessment – Consequences
            
      2.        Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Error of law
            relied on not identified – Inadmissible 
      (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1)(c))
            
      3.        Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment
            of the evidence – Possible only where the clear sense of the evidence has been distorted 
      (Art. 225 EC; Statute of the Court of Justice, Art. 58)