Judgment_paragraph 43 · European Commission v Danilo Di Bernardo (C-114/19 P)

43By the second part of the first ground of appeal, the Commission disputes the General Court’s interpretation of the disputed decision in paragraph 43 of the judgment under appeal. That decision stated that ‘after examining the supporting documents submitted to document the professional experience referred to in Sections 2, 5 and 6 of the application form, the selection board concluded that those documents did not confirm that the professional experience in question was mostly related to the nature of the duties, as required by the competition notice’. The General Court took the view, in paragraph 43, that, in the absence of additional information, the reference only to Sections 2, 5 and 6 of his application form suggested that Mr Di Bernardo had not succeeded in showing the relevance of his professional experience for only those three sections. That observation can be made using the actual terms of the disputed decision, since that decision refers to the professional experience ‘in question’. In any event, it is part of the assessment of the facts by the General Court, which it is not for the Court of Justice to review in the context of an appeal, other than any possible distortion, which is not alleged by the Commission in support of that part. Consequently, that part must be rejected.