Official Journal of the European Union

C 107/39

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(Case T-105/08 P)

(2008/C 107/66)

Language of the case: French

Parties

Applicant: Kris Van Neyghem (Vissenken, Belgium) (represented by S. Rodrigues and C. Bernard-Glanz, lawyers)

Other party to the proceedings: Commission of the European Communities

Form of order sought by the appellant

—declare the present appeal admissible;

—annul the judgment of the Civil Service Tribunal (Second Chamber) delivered on 13 December 2007 in Case F-73/06;

—uphold the claims for annulment and for compensation submitted by the appellant to the Civil Service Tribunal;

—order the Commission to pay the costs of both instances.

Pleas in law and main arguments

In his appeal, the appellant is seeking the annulment of the judgment of the Civil Service Tribunal (the ‘Tribunal’) dismissing his application, on the one hand, for the annulment of the decision of the selection board in general competition EPSO/A/19/04 not to admit the applicant to the oral test in that competition and, on the other, for damages for the material and non-material damage which he allegedly suffered.

In support of his appeal, the appellant pleads a misunderstanding of evidence produced before the Tribunal, namely, a copy of the written test.

The applicant pleads, in addition, an error in the Tribunal's reasoning concerning the absence of a manifest error of assessment on the part of the president of the selection board in the comparison between the mark given to the applicant and the literal assessment in the evaluation sheet.

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