24.1.2022 |
EN |
Official Journal of the European Union |
C 37/34 |
Action brought on 19 October 2021 — XH v Commission
(Case T-613/21)
(2022/C 37/47)
Language of the case: English
Parties
Applicant: XH (represented by: E. Auleytner, lawyer)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
— |
annul the decision of 4 December 2020 concerning the refusal of the applicant’s request for assistance and the decision of the Appointing Authority in response to the complaint filed by the applicant; |
— |
annul the decision of 26 May 2021 concerning the opening of the invalidity procedure and the decision of the Appointing Authority in response to the complaint filed by the applicant; |
— |
compensate the applicant for loss and damages; |
— |
order the defendant to pay all costs and expenses. |
Pleas in law and main arguments
In support of the action, the applicant relies on four pleas in law.
1. |
First plea in law, alleging error of law and the irregularity of the contested procedure: the violation of Article 12a and 24 of the Staff Regulations in the light of Article 7 of the Charter of Fundamental Rights of the European Union, in particular violation of the duty of care and the principle of sound administration contained in Article 41 of the Charter. |
2. |
Second plea in law, alleging the violation of Articles 12a, 24, and 59-60 of the Staff Regulations, by setting clearly unattainable objectives requiring the applicant to provide work during sickness leave with 100 % incapacity for work. |
3. |
Third plea in law, alleging violation of Article 59 of the Staff Regulations in the light of Articles 12a and 24 thereof — opening of the invalidity procedure without the required amount of the sick leave at the moment of the opening. |
4. |
Fourth plea in law, alleging the violation of Articles 7 and 8 of the Charter of Fundamental Rights. |