CELEX: C2007/129/21
Language: en
Date: 2007-06-09 00:00:00
Title: Case C-198/07 P: Appeal brought on 12 April 2007 by Donal Gordon against the judgment of the Court of First Instance (Third Chamber) delivered on 7 February 2007 in Case T-175/04: Donal Gordon v Commission of the European Communities

9.6.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 129/12
            
         Appeal brought on 12 April 2007 by Donal Gordon against the judgment of the Court of First Instance (Third Chamber) delivered on 7 February 2007 in Case T-175/04: Donal Gordon v Commission of the European Communities
   (Case C-198/07 P)
   (2007/C 129/21)
   Language of the case: English
   Parties
   
      Appellant: Donal Gordon (represented by: J. Sambon, P.-P. Van Gehuchten, and Ph. Reyniers, avocats)
   
      Other party to the proceedings: Commission of the European Communities
   Form of order sought
   
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               to annul the Judgment in Case T-175/04 and to make a ruling on the substance of this case
            
         
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               to confirm the appellant's intrinsic interest in his CDR independent of the administration's interest therein;
            
         
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               to recognise that invalidity is by definition reversible, and is so regarded and so treated by the Commission's Medical Service;
            
         
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               to accord the appellant the right to judicial protection in respect of his CDR;
            
         
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               to allow the claim to damages and to award the appellant €1.5 million in compensation;
            
         
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               to make an appropriate award as to costs.
            
         Pleas in law and main arguments
   The appellant submits that the judgment of the Court of First Instance is based on false and/or arbitrary premises in that it:
   
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               Denies the appellant's autonomous interest in his career development report;
            
         
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               Misrepresents the legislation on invalidity and the application thereof;
            
         
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               Denies the appellant judicial protection despite the unresolved issue of whether his invalidity is occupational or not;
            
         
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               Makes a ruling on damages in disregard of the evolving realities of the appellant's situation.