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Document 62025TN0616
Case T-616/25: Action brought on 10 September 2025 – LI v EEAS
Case T-616/25: Action brought on 10 September 2025 – LI v EEAS
Case T-616/25: Action brought on 10 September 2025 – LI v EEAS
OJ C, C/2025/5969, 17.11.2025, ELI: http://data.europa.eu/eli/C/2025/5969/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/2025/5969 |
17.11.2025 |
Action brought on 10 September 2025 – LI v EEAS
(Case T-616/25)
(C/2025/5969)
Language of the case: French
Parties
Applicant: LI (represented by: N. de Montigny, lawyer)
Defendant: European External Action Service
Form of order sought
The applicant claims that the Court should:
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annul the decision of 11 August 2024 retroactively adjusting the annual travel allowance of the applicant; |
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annul, so far as necessary, in that it supplements or amends the decision of 11 August 2024, the refusal decision in respect of the claim of 4 June 2025; |
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order the defendant to pay the costs. |
Pleas in law and main arguments
In support of the action, the applicant relies on a single plea in law alleging infringement of the relative scope of a finding of illegality based on a plea of illegality, the absence of a valid legal basis on which that decision was based, infringement of the principle of legal certainty and legitimate expectations and the abuse of rights.
That plea is divided into two parts:
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As regards the first part, the applicant submits, first, that there is a lack of any erga omnes effect in respect of the finding of illegality raised by way of a plea of illegality in the judgment of 18 April 2024, Dumitrescu and Others v Commission and Court of Justice (C-567/22 P to C-570/22 P, EU:C:2024:336), since such a plea of illegality cannot entail the inapplicability of the contested provision to the situation submitted by the applicants in those cases. The applicant submits, secondly, that there is an absence of a valid legal basis for considering that the provision, which was found to be illegal, has been replaced by another rule enabling the adoption of the adverse decision and, thirdly, an infringement of the principle of legal certainty. |
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As regards the second part the applicant submits that there was an abuse of rights and an infringement of Article 52 of the Charter of Fundamental Rights of the European Union, in that the administration applied the principles of a former statutory provision which was amended without taking account of all the consequences of such an application for the situations existing at the time a right was created under the auspices of a rule which has since been disapplied and according to a reinterpretation of the applicable principles. |
ELI: http://data.europa.eu/eli/C/2025/5969/oj
ISSN 1977-091X (electronic edition)