14.8.2010

Official Journal of the European Union

C 221/55

Action brought on 16 June 2010 — H v Council and Others

(Case T-271/10)

()

2010/C 221/88

Language of the case: English

Parties

Applicant: H (Catania, Italy) (represented by: C. Mereu and M. Velardo, lawyers)

Defendants: Council of the European Union, European Commission and European Union Police Mission in Bosnia and Herzegovina (“EUPM”)

Form of order sought

—	Annul the Contested Decision of 7 April 2010 and, if needed, the Decision of 30 April 2010;

—	Order the defendants to pay the damages suffered by the applicant, assessed at 30 000,00 Euro; and

—	Order the defendants to pay the costs of the proceedings, as well as an interest of 8 %.

Pleas in law and main arguments

By means of its application, the applicant seeks, pursuant to Article 263 TFEU, the annulment of the Decision rendered by the European Union Police Mission (EUPM) in Bosnia and Herzegovina of 7 April 2010 and, if necessary, of the subsequent confirmation Decision of 30 April 2010, where it was decided to reassign the applicant from the main headquarters of the Mission in Sarajevo to the Regional Office in Banja Luka, as well as the downgrading of the applicant. Furthermore, the applicant seeks, pursuant to Article 340 TFEU, the award of damages in the amount of 30 000,00 Euro.

The applicant submits that the General Court has jurisdiction to rule in this case following the Order of the Civil Service Tribunal of 9 October 2006 in case F-53/06 Gualtieri v Commission.

In support of its submissions, the applicant puts forward the following pleas in law:

Firstly, the applicant claims misuse of powers, as there was no objective reason justifying the redeployment.

Secondly, the applicant claims that the Contested Decision is flawed for lack of motivation, as the European Union Police Mission in Bosnia and Herzegovina did not substantiate the operational reasons underlying the redeployment.

Thirdly, there has been a manifest error of appraisal, as there was no need to urgently redeploy a prosecutor to the Regional Office in Banja Luka.

In addition, there has been an infringement of Council Decision No 2009/906/CFSP of 8 December 2009 (1) as the Head of Mission was not entitled to reassign the staff but only to provide the management of the staff on a daily basis.

Finally, the applicant seeks the award of damages due to moral harassment.

(1) Council Decision 2009/906/CFSP of 8 December 2009 on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH) (OJ 2009 L 322, p. 22).