Official Journal of the European Union

C 55/39

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(Case T-567/08 P)

(2009/C 55/70)

Language of the case: French

Parties

Appellant: Bart Nijs (Bereldange, Luxembourg) (represented by F. Rollinger, lawyer)

Other party to the proceedings: Court of Auditors of the European Communities

Form of order sought by the appellant

—declare the appeal admissible;

—declare the appeal founded;

—accordingly, annul the order of 9 October 2008 in Case F-5/07 Bart Nijs v Court of Auditors of the European Communities.

Pleas in law and main arguments

By this appeal, the applicant seeks annulment the judgment of the Civil Service Tribunal (the Tribunal) of 9 October 2008 in Case F-49/06 Nijs v Court of Auditors dismissing, as partially inadmissible and partially unfounded, the action for, first, annulment of the decision not to promote the applicant to grade A*11 for the 2005 promotion procedure and, second, damages.

In support of his appeal, the applicant puts forward four grounds of appeal:

—distortion of the application and the reply inasmuch as the judgment under appeal replaces a plea alleging that there was no decision by the appointing authority, implying a total lack of motivation, by a completely different plea;

—disregard and/or distortion of the evidence, the Tribunal having excluded it;

—wrong attribution of the burden of proof inasmuch as the Tribunal should have required proof of the defendant's allegations;

—breach of the principle of the presumption of innocence concerning the order that the appellant pay the costs at first instance.

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