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Order of the Court (Sixth Chamber) of 27 April 2006. # L v Commission of the European Communities. # Appeal - Officials - Harassment - Commission's duty to provide assistance - Liability - Refusal by the Court of First Instance to allow the examination of witnesses - Offer of supplementary evidence which did not exist at the closing of the written procedure - Refusal to withdraw an allegedly defamatory document from the file - Obligation to provide reasons - Principal of sound administration - Appeal in part manifestly unfounded and in part manifestly inadmissible. # Case C-230/05 P.
ECLI:EU:C:2006:270
62005CO0230
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(Case C-230/05 P)
Appeal – Officials – Harassment – Commission’s duty to provide assistance – Liability – Refusal by the Court of First Instance to allow the examination of witnesses – Offer of supplementary evidence which did not exist at the closing of the written procedure – Refusal to withdraw an allegedly defamatory document from the file – Obligation to provide reasons – Principal of sound administration – Appeal in part manifestly unfounded and in part manifestly inadmissible
1. Appeal – Grounds – Incorrect assessments of the facts – Inadmissible – Review by the Court of Justice of the assessment of the evidence – Excluded except in cases of distortion (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see paras 45-46)
4. Procedure – Measures of organisation of procedure (Rules of Procedure of the Court of First Instance, Arts 49 and 64(3)(d)) (see paras 67-68)
Re:
Appeal against the judgment of the Court of First Instance (Fourth Chamber) of 9 March 2005 in Case T-254/02 L v Commission, dismissing, first, the action for annulment of the decisions of the Commission rejecting the request for assistance, access to documents and compensation and refusing to recognise an occupational disease and, second, the claim for damages for the loss suffered as a result of those decisions.
Operative part
The Court:
1.Dismisses the appeal;
2.Orders the applicant to pay the costs.