1. 

Appeal — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted — Ground of appeal alleging distortion of the clear sense of the evidence — Necessity of indicating precisely the evidence alleged to have been distorted and showing the errors of appraisal which led to that distortion — Requirement for the distortion to be obvious from the documents on the Court’s file (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) (see paras 28, 29)

2. 

Actions for annulment — Action relating in reality to a contractual dispute — Action for annulment of letters sent by an institution to a contractor proposing replacement of an expert involved in the performance of a framework contract — Lack of jurisdiction of the EU judicature — Inadmissibility (Arts 263 TFEU, 272 TFEU, 274 TFEU) (see paras 37-39, 43)

3. 

Actions for annulment — Natural or legal persons — Measures not of direct and individual concern to them — Inadmissibility — Judicial protection ensured by the action for damages (Arts 263, fourth para., TFEU and 268 TFEU; Charter of fundamental rights of the European Union, Art. 47) (see paras 54, 55)

1. 

The appeal is dismissed.

2. 

Mr Borde and Carbonium SAS shall pay the costs jointly and severally.