Case T-262/06 P: Judgment of the Court of First Instance of 1 July 2008 — Commission v D (Appeal — Civil service — Officials — Annulment at first instance of the Commission's decision — Occupational disease — Refusal to recognise the occupational origin of the disease or of the worsening of the disease from which the applicant is suffering — Admissibility of the appeal — Admissibility of the plea in law examined at first instance — Force of res judicata )