Appeal brought on 18 September 2006 by the Commission against the judgment of the Civil Service Tribunal delivered on 12 July 2006 in Case F-18/05, D v Commission

(Case T-262/06 P)

(2006/C 294/109)

Language of the case: French

Parties

Appellant: Commission of the European Communities

Other party to the proceedings: 'D'

Form of order sought by the appellant

Pleas in law and main arguments

By judgment of 12 July 2006, the annulment of which is sought in this appeal, the Civil Service Tribunal set aside the Commission's decision of 4 May 2004 turning down the request for recognition that the disease from which the applicant is suffering is occupational in origin and ordered the Commission to pay all of the costs.

In support of its application for annulment of that judgment, the Commission submits a plea alleging infringement of Community law, in particular Article 48(2) of the Rules of Procedure, in that the Tribunal treated as admissible an argument concerning the infringement of res judicata which, according to the Commission, was put forward by the applicant for the first time in the reply at first instance. Furthermore, the Commission submits that the Tribunal erred in law and/or misinterpreted the matters of law put forward by the parties, in particular by the Commission itself. As regards the assessment of the substantive arguments, the Commission maintains that the Tribunal infringed Community law, in particular Article 73 of the Staff Regulations of Officials of the European Communities and the rules relating thereto, misconstrued the scope of the judgment in Case T-376/02 (1) and failed to meet its obligation to state reasons. It also submits that the Tribunal undermined the principle of legal certainty.

(1)  Case T-376/02 O v Commission [2004] ECR-SC I-A-349 and II-1595.