Appeal brought on 25 February 2013 by Giorgio Lebedef against the order of the Civil Service Tribunal of 12 December 2012 in Case F-109/11, Lebedef v Commission

(Case T-117/13 P)

Language of the case: French

Parties

Appellant: Giorgio Lebedef (Senningerberg, Luxembourg) (represented by F. Frabetti, lawyer)

Other party to the proceedings: European Commission

Form of order sought by the appellant

The appellant claims that the Court should:

set aside the order of the CST of 12 December 2012 in Case F-109/11 Lebedef v Commission seeking the annulment of the appellant's appraisal report for the period 1.1.2009 - 31.12.2009 and, more specifically, the part of the report drafted by EUROSTAT for the same period;

uphold the appellant's form of order sought at first instance;

alternatively, refer the case back to the Civil Service Tribunal;

make an order as to costs and order the European Commission to pay the costs.

Pleas in law and main arguments

In support of the appeal, the appellant relies on six pleas in law, of which the first, second, third and six are essentially the same as or similar to those relied on in Case T-116/13 P Lebedef v Commission.

The fourth plea in law alleges an error of law in that, according to the appellant, the CST concluded that the report covering his activities in a professional or trade union organisation (OSP report) which should appear only as a document attached to the report concerning the appellant's duties at the Statistical Office of the European Union (Eurostat) (paragraphs 68 to 70 of the order under appeal).

The fifth plea in law alleges an error of law in that the appellant claims that the CST held that the appellant wished to challenge his appraisal reports prior to 2009 and the Commission decision not to promote him (paragraphs 74 and 75 of the order under appeal).

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