CELEX: 62006CO0057
Language: en
Date: 2007-01-26 00:00:00
Title: Order of the Court (Seventh Chamber) of 26 January 2007. # Elisabetta Righini v Commission of the European Communities. # Appeal - Officials - Temporary staff - Classification by grade and step - Classification in a higher career bracket - Distortion of the facts - Defective statement of reasons - Appeal in part manifestly inadmissible and in part manifestly unfounded. # Case C-57/06 P.

ORDER OF THE COURT (Seventh Chamber)
      26 January 2007
      Case C-57/06 P
      Elisabetta Righini
      v
      Commission of the European Communities 
      (Appeal – Officials – Temporary staff – Classification by grade and step – Classification in a higher career bracket – Distortion of the facts – Defective statement of reasons – Appeal in part manifestly inadmissible and in part manifestly unfounded)
      Appeal: against the judgment of the Court of First Instance (Fifth Chamber) of 15 November 2005 in Case T-145/04 Righini v Commission [2005] ECR-SC I-A-349 and II-1547 dismissing the action for annulment of the Commission’s decisions to classify the applicant
         on her entry into service in Grade A7/3 and, in so far as may be necessary, annulment of the decision of 21 January 2004 rejecting
         the applicant’s complaint.
      
      Held: The appeal is dismissed. Mrs Righini is ordered to pay the costs.
      
      Summary
      1.         Appeals – Grounds – Incorrect assessment of the facts – Inadmissible – Review by the Court of the assessment of the evidence
            – Possible only where the clear sense f the evidence has been distorted 
      (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.) 
      2.        Officials – Actions – Grounds – Burden of proof proving a fact alleged by the applicant resting with the applicant 
      3.        Appeals – Grounds – Insufficient statement of reasons – Mere drafting error 
      4.        Appeals – Grounds – Plea directed against a ground of the judgment not necessary to support its operative part – Plea inoperative