Commission v Italy

Appeal brought on 20 November 2020 by the European Commission against the judgment of the General Court (Ninth Chamber) delivered on 9 September 2020 in Case T-437/16, Italy v Commission(Case C-623/20 P)Language of the case: Italian Parties Appellant: European Commission (represented by: G. Gattinara, D. Milanowska and T. Lilamand, acting as Agents)Other parties to the proceedings: Italian Republic, Kingdom of Spain Form of order sought The Commission claims that the Court should:set aside the judgment under appeal;if the Court considers that the state of the proceedings so permits, dismiss the action at first instance as unfounded;order the Italian Republic to pay the costs of the present proceedings and those of the proceedings at first instance. Grounds of appeal and main arguments In support of its appeal, the Commission relies on three grounds. The first ground of appeal alleges an error of law in the interpretation of Article 1 d(6) of the Staff Regulations and in the interpretation of the obligation to state reasons, as well as infringement of the duty to state the reasons on which judgments of the General Court are based. This ground is divided into three parts. The first part alleges an error of law and infringement of the obligation to state reasons as regards the objective of immediate operability of candidates, and relates to paragraph 137 of the judgment under appeal. The second part concerns the definition of a disproportionate burden of proof on the Commission...