This document is an excerpt from the EUR-Lex website
Document 62024TN0218
Case T-218/24: Action brought on 25 April 2024 – DT v Eulex Kosovo
Case T-218/24: Action brought on 25 April 2024 – DT v Eulex Kosovo
Case T-218/24: Action brought on 25 April 2024 – DT v Eulex Kosovo
OJ C, C/2024/4091, 8.7.2024, ELI: http://data.europa.eu/eli/C/2024/4091/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN C series |
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C/2024/4091 |
8.7.2024 |
Action brought on 25 April 2024 – DT v Eulex Kosovo
(Case T-218/24)
(C/2024/4091)
Language of the case: English
Parties
Applicant: DT (represented by: A. Kunst, lawyer)
Defendant: Eulex Kosovo
Form of order sought
The applicant claims, on the basis of an action pursuant to Article 272 TFEU, (1) and an action for damages for contractual liability (Article 340(1) TFEU), that the Court should:
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Declare unlawful the decision of Eulex Kosovo of 13 November 2023 to terminate the applicant’s contract notified to the applicant on the same day; |
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Declare unlawful the decision of Eulex Kosovo of 20 February 2024 notified to the applicant on 22 February 2024; |
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Order on the basis of contractual liability pursuant to Article 340, paragraph 1, TFEU Eulex Kosovo to compensate the applicant for (a) the material harm suffered as a result of the two unlawful contested decisions and other acts, an amount corresponding to unpaid wages amounting to 19 months’ gross salaries and other entitlements and for (b) the immaterial harm suffered as a result of the two unlawful contested decisions and other acts, assessed provisionally ex aequo et bono at EUR 45 000; |
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Order Eulex Kosovo to bear the costs, including those incurred by the applicant, together with interest of 8%. |
Pleas in law and main arguments
In support of the action, the applicant relies on four pleas in law.
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First plea in law, alleging an infringement by the defendant of the right to be heard.
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Second plea in law, alleging an infringement by the defendant of the duty to state reasons.
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Third plea in law, alleging an infringement by the defendant of the principle of protection of legitimate expectations.
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Fourth plea in law, alleging an infringement by the defendant of the SOP on the Principles and Process of Reconfiguration, the duty to have regard for the welfare of staff, the principle of sound administration, and a misuse of powers.
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(1) The applicant also raises an alternative action under Article 263 TFEU seeking annulment, on that legal basis, of the decision of Eulex Kosovo of 13 November 2023 to terminate his contract, in the event that the Court should decline jurisdiction under Article 272 TFEU. The heads of claim and pleas in law are identical to those submitted under Article 272 TFEU.
ELI: http://data.europa.eu/eli/C/2024/4091/oj
ISSN 1977-091X (electronic edition)