Appeal brought on 28 February 2007 by the Commission of the European Communities against the judgment of the Civil Service Tribunal delivered on 13 December 2006 in Case F-17/05 de Brito Sequeira Carbalho v Commission

(Case T-62/07 P)

Language of the case: French

Parties

Appellant: Commission of the European Communities (represented by: D. Martin, Agent, and C. Falmagne, lawyer)

Other party to the proceedings: José Antonio de Brito Sequeira Carvalho

Form of order sought by the appellant

Set aside the judgment of the Civil Service Tribunal of 13 December 2006 in Case F-17/05;

dismiss the action brought by Mr Sequeira;

order each of the parties to bear its own costs relating to these proceedings and the proceedings before the Civil Service Tribunal.

Pleas in law and main arguments

By its judgment of 13 December 2006 in Case F-17/05 de Brito Sequeira Carvalho v Commission, the Civil Service Tribunal (CST) upheld in part the action brought by the applicant at first instance and annulled the Commission decision of 13 July 2004 prohibiting the applicant's access to its buildings and the decisions automatically extending his sick leave.

The Commission bases the appeal, first, on the fact that the Tribunal adjudicated ultra petita by annulling the Commission decision of 13 July 2004 prohibiting the applicant's access to its buildings and, second, on the fact that the judgment under appeal infringed Community law. The Commission claims that the Tribunal distorted the facts of the case, that it erred in law in interpreting the obligation to state the reasons on which a decision is based and that it infringed the fifth subparagraph of Article 59(1) of the Staff Regulations. The Commission further maintains that by the interpretation in the judgment of Article 59(5) of the Staff Regulations, the Tribunal distorted the arbitration procedure provided for in that provision.

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