ORDER OF THE COURT (Seventh Chamber)

25 October 2007

Case C-495/06 P

Bart Nijs

v

Court of Auditors of the European Communities

(Appeals – Promotion – 2003 promotion procedure – Staff report – Decision establishing the definitive version of the report – Decision to promote another official to the grade of Translator-reviser – Claim for compensation for damage – Appeal in part manifestly inadmissible and in part manifestly unfounded)

Appeal: brought against the judgment of the Court of First Instance (Second Chamber) of 3 October 2006 in Case T-171/05 Nijs v Court of Auditors ECR-SC I-A-2-195 and II-A-2-999 in which the Court of First Instance dismissed – in so far as it relied on grounds other than a failure to give reasons – the action seeking, first, annulment of the decision establishing the definitive version of the appellant’s staff report for the 2003 reporting period, the decision allocating the appellant merit points for the 2003 reporting period and the decision not to promote him in 2004, and of the decision rejecting the complaint brought against those decisions and, secondly, an application for compensation in respect of the harm suffered.

Held: The appeal is dismissed. Mr Nijs is ordered to pay the costs.

Summary

1.        Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility –Review by the Court of Justice of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted

(Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.)

2.        Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Inadmissible

(Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1)(c))