Order of the Court (Fifth Chamber) of 28 November 2008.#Philippe Combescot v Commission of the European Communities.#Appeal - Officials - Career development report - Duty to provide assistance - Mental harassment - Compensation for damage - Appeal in part manifestly inadmissible and in part manifestly unfounded.#Case C-525/07 P.

ORDER OF THE COURT (Fifth Chamber)

28 November 2008

Case C-525/07 P

Philippe Combescot

v

Commission of the European Communities

(Appeal – Officials – Career development report – Duty to provide assistance – Mental harassment – Compensation for damage – Appeal in part manifestly inadmissible and in part manifestly unfounded)

Appeal: against the judgment of the Court of First Instance (Second Chamber) in Case T-249/04 Combescot v Commission [2007] ECR-SC I-A-2-0000 and II-A-2-0000, by which that Court dismissed an application for, first, recognition that the conduct of the appellant’s hierarchical superiors was unlawful, recognition that the appellant had the right to assistance, and annulment of the appellant’s career development report for the period from 1 July 2001 to 31 December 2002; and, second, payment of compensation for the damage allegedly suffered by the appellant.

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

Summary

1.        Appeals – Grounds – Admissibility

(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))

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

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

3.        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))

4.        Appeals – Grounds – Inadequate or contradictory grounds

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