Appeal brought on 14 February 2007 by Neophytos Neophytou against the judgment of the Civil Service Tribunal delivered on 13 December 2006 in Case F-22/05, Neophytou/Commission

(Case T-43/07 P)

(2007/C 82/101)

Language of the case: English

Parties

Appellant: Neophytos Neophytou (Itzig, Luxembourg) (represented by S. A. Pappas, lawyer)

Other party to the proceedings: Commission of the European Communities

Form of order sought by the appellant

Pleas in law and main arguments

By means of this appeal, the appellant is seeking to set aside the Civil Service Tribunal's conclusions in Case F-22/05 finding that, on one hand, the appellant's complaints made at the hearing were inadmissible and, on the other hand, that there was no infringement of the principle of non-discrimination.

In support of his first plea, the appellant contends that his argument concerning the composition of the selection board should have been admissible since it was based on new matters of fact which only came to light during the oral hearing according to the appellant. The latter claims, moreover, that the illegal constitution of an organ is a question of competence and thereby should have been examined ex officio. Accordingly, the appellant submits he should not have been bared from raising this new matter.

Also, the appellant argues that this complaint is directly connected to his second plea alleging infringement of the principle of non-discrimination on the grounds of unlawful composition of the selection board. On that basis, the appellant claims the Civil Service Tribunal did not properly implement the abovementioned principle, or at least failed to provide adequate reasoning for the particular features of the competition at stake; while it misunderstood his pleas and failed to address a number of them.