Order of the Court (Sixth Chamber) of 27 April 2006 – L v Commission

(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)

2. Procedure – Measures of inquiry (Rules of Procedure of the Court of First Instance, Art. 66(1) (see para. 47)

3. Appeal – Grounds – Inadequate or contradictory grounds – Whether admissible (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see para. 53)

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)

5. Appeal – Grounds – Ground put forward for the first time in the appeal – Inadmissible (Rules of Procedure of the Court, Arts 42(2), and 118) (see para. 99)

Re:

Operative part

The Court:

1.Dismisses the appeal;

2.Orders the applicant to pay the costs.