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Document 62008TN0567

    Case T-567/08 P: Appeal brought on 19 December 2008 by Bart Nijs against the judgment of the Civil Service Tribunal delivered on 9 October 2008 in Case F-49/06 Nijs v Court of Auditors

    OJ C 55, 7.3.2009, p. 39–39 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    19/12/2008
    Date lodged:
    19/12/2008
    Author:
    Court of First Instance
    Form:
    Judicial information
    Authentic language:
    French
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    Case affecting:
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    7.3.2009   

    EN

    Official Journal of the European Union

    C 55/39

    Appeal brought on 19 December 2008 by Bart Nijs against the judgment of the Civil Service Tribunal delivered on 9 October 2008 in Case F-49/06 Nijs v Court of Auditors

    (Case T-567/08 P)

    (2009/C 55/70)

    Language of the case: French

    Parties

    Appellant: Bart Nijs (Bereldange, Luxembourg) (represented by F. Rollinger, lawyer)

    Other party to the proceedings: Court of Auditors of the European Communities

    Form of order sought by the appellant

    —

    declare the appeal admissible;

    —

    declare the appeal founded;

    —

    accordingly, annul the order of 9 October 2008 in Case F-5/07 Bart Nijs v Court of Auditors of the European Communities.

    Pleas in law and main arguments

    By this appeal, the applicant seeks annulment the judgment of the Civil Service Tribunal (the Tribunal) of 9 October 2008 in Case F-49/06 Nijs v Court of Auditors dismissing, as partially inadmissible and partially unfounded, the action for, first, annulment of the decision not to promote the applicant to grade A*11 for the 2005 promotion procedure and, second, damages.

    In support of his appeal, the applicant puts forward four grounds of appeal:

    —

    distortion of the application and the reply inasmuch as the judgment under appeal replaces a plea alleging that there was no decision by the appointing authority, implying a total lack of motivation, by a completely different plea;

    —

    disregard and/or distortion of the evidence, the Tribunal having excluded it;

    —

    wrong attribution of the burden of proof inasmuch as the Tribunal should have required proof of the defendant's allegations;

    —

    breach of the principle of the presumption of innocence concerning the order that the appellant pay the costs at first instance.
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