9.6.2007   

EN

Official Journal of the European Union

C 129/12

Appeal brought on 12 April 2007 by Donal Gordon against the judgment of the Court of First Instance (Third Chamber) delivered on 7 February 2007 in Case T-175/04: Donal Gordon v Commission of the European Communities

(Case C-198/07 P)

(2007/C 129/21)

Language of the case: English

Parties

Appellant: Donal Gordon (represented by: J. Sambon, P.-P. Van Gehuchten, and Ph. Reyniers, avocats)

Other party to the proceedings: Commission of the European Communities

Form of order sought

—

to annul the Judgment in Case T-175/04 and to make a ruling on the substance of this case

—

to confirm the appellant's intrinsic interest in his CDR independent of the administration's interest therein;

—

to recognise that invalidity is by definition reversible, and is so regarded and so treated by the Commission's Medical Service;

—

to accord the appellant the right to judicial protection in respect of his CDR;

—

to allow the claim to damages and to award the appellant €1.5 million in compensation;

—

to make an appropriate award as to costs.

Pleas in law and main arguments

The appellant submits that the judgment of the Court of First Instance is based on false and/or arbitrary premises in that it:

—

Denies the appellant's autonomous interest in his career development report;

—

Misrepresents the legislation on invalidity and the application thereof;

—

Denies the appellant judicial protection despite the unresolved issue of whether his invalidity is occupational or not;

—

Makes a ruling on damages in disregard of the evolving realities of the appellant's situation.