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:

Operative part:

The Court: