Judgment of the Court of First Instance of 1 July 2008 — Commission v D

(Case T-262/06 P) (1)

(Appeal - Civil service - Officials - Annulment at first instance of the Commission's decision - Occupational disease - Refusal to recognise the occupational origin of the disease or of the worsening of the disease from which the applicant is suffering - Admissibility of the appeal - Admissibility of the plea in law examined at first instance - Force of res judicata)

(2008/C 209/82)

Language of the case: French

Parties

Appellant: Commission of the European Communities (represented by: J. Currall, Agent)

Other party to the proceedings: D (represented by: J. Van Rossum, S. Orlandi, J.-N. Louis, A. Coolen and É. Marchal, lawyers)

Intervener in support of the applicant: Axa Belgium (represented initially by C. Goossens, P. Meessen and S. Wilmet, then by C. Goossens and P. Meessen, lawyers)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (First Chamber) in Case F-18/05 D v Commission (not yet published in the ECR), and seeking to have that judgment set aside.

Operative part of the judgment

The Court hereby:

(1)  OJ C 294, 2.12.2006.