Order of the Court of 3 February 2009 — Massimo Giannini v Commission of the European Communities

(Case C-231/08 P) (1)

(Appeal - Community civil service - Right to a fair hearing - Infringement of Articles 4, 27 and 29 of the Staff Regulations - Principle of non-discrimination - Interest of the service and duty of care - Distortion of the evidence and rules on evidence - Appeal manifestly inadmissible in part and manifestly unfounded in part)

2009/C 113/36

Language of the case: French

Parties

Appellant: Massimo Giannini (represented by: L. Levi and C. Ronzi, avocats)

Other party to the proceedings: Commission of the European Communities (represented by: G. Berscheid and L. Lozano Palacios, Agents)

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber) delivered on 12 March 2008 in Case T-100/04 Giannani v Commission in which the Court dismissed the appellant’s application for annulment of the decision of the selection board in Competition COM/A/9/01 with a view to constituting a reserve list for the recruitment of administrators in the fields of economics and statistics not to include his name on the competition reserve list and for damages to be awarded — Infringement of right to a fair hearing by reason of the excessive length of the procedure — Infringement of Articles 4, 27 and 29 of the Staff Regulations and the concepts of interest of the service and duty of care — Infringement of the principle of non-discrimination and the rules on evidence

Operative part of the order

(1)  OJ C 223, 30.8.2008.