This document is an excerpt from the EUR-Lex website
Document 62021CO0169
Order of the Court (Ninth Chamber) of 25 January 2022.
Sergio Spadafora v European Commission.
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Notice of vacancy – Job of Head of Unit in the European Anti-Fraud Office (OLAF) – New selection procedure after the cancellation of the first appointment – Rejection of application.
Case C-169/21 P.
Order of the Court (Ninth Chamber) of 25 January 2022.
Sergio Spadafora v European Commission.
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Notice of vacancy – Job of Head of Unit in the European Anti-Fraud Office (OLAF) – New selection procedure after the cancellation of the first appointment – Rejection of application.
Case C-169/21 P.
Court reports – general
ECLI identifier: ECLI:EU:C:2022:66
Order of the Court (Ninth Chamber) of 25 January 2022 – Spadafora v Commission
(Case C‑169/21 P)
(Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Notice of vacancy – Job of Head of Unit in the European Anti-Fraud Office (OLAF) – New selection procedure after the cancellation of the first appointment – Rejection of application)
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Appeal – Grounds of appeal – 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 – Plea alleging distortion of the clear sense of the facts and evidence – Need to indicate precisely the evidence alleged to have been distorted and show the errors of appraisal which led to that distortion (Art. 256 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 4 [4-6, 34, 35, 47], 5) |
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Appeal – Grounds of appeal – 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 – Material inaccuracy of the findings of fact not resulting from the documents in the file – Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 169(2) (see paras 4 [14], 5) |
Operative part
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The appeal is dismissed as in part manifestly inadmissible and in part manifestly unfounded. |
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Mr Sergio Spadafora shall bear his own costs. |