ORDER OF THE COURT (Seventh Chamber)

26 January 2007

Case C-57/06 P

Elisabetta Righini

v

Commission of the European Communities

(Appeal – Officials – Temporary staff – Classification by grade and step – Classification in a higher career bracket – Distortion of the facts – Defective statement of reasons – Appeal in part manifestly inadmissible and in part manifestly unfounded)

Appeal: against the judgment of the Court of First Instance (Fifth Chamber) of 15 November 2005 in Case T-145/04 Righini v Commission [2005] ECR-SC I-A-349 and II-1547 dismissing the action for annulment of the Commission’s decisions to classify the applicant on her entry into service in Grade A7/3 and, in so far as may be necessary, annulment of the decision of 21 January 2004 rejecting the applicant’s complaint.

Held: The appeal is dismissed. Mrs Righini is ordered to pay the costs.

Summary

1.         Appeals – Grounds – Incorrect assessment of the facts – Inadmissible – Review by the Court of the assessment of the evidence – Possible only where the clear sense f the evidence has been distorted

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

2.        Officials – Actions – Grounds – Burden of proof proving a fact alleged by the applicant resting with the applicant

3.        Appeals – Grounds – Insufficient statement of reasons – Mere drafting error

4.        Appeals – Grounds – Plea directed against a ground of the judgment not necessary to support its operative part – Plea inoperative