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Document 62026TN0001

Case T-1/26: Action brought on 2 January 2026 – PK v European Public Prosecutor’s Office

OJ C, C/2026/1232, 9.3.2026, ELI: http://data.europa.eu/eli/C/2026/1232/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)

ELI: http://data.europa.eu/eli/C/2026/1232/oj

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Official Journal
of the European Union

EN

C series


C/2026/1232

9.3.2026

Action brought on 2 January 2026 – PK v European Public Prosecutor’s Office

(Case T-1/26)

(C/2026/1232)

Language of the case: French

Parties

Applicant: PK (represented by: A and B, lawyers)

Defendant: European Public Prosecutor’s Office

Form of order sought

The applicant claims that the Court should:

annul Decisions No 029/2025 of 27 March 2025, No 039/2025 of 22 May 2025 and No 040/2025 of 22 May 2025, and Decision No 082/2025 of 24 September 2025, adopted pursuant to Article 90(2) of the Staff Regulations;

order the defendant to pay the costs of the present proceedings.

Pleas in law and main arguments

In support of the action against the decisions ordering that the applicant be suspended from duties until the end of the investigation procedure initiated against them, the applicant relies on six pleas in law.

1.

First plea in law, alleging failure to comply with the obligation to state reasons.

The applicant submits that Article 296 TFEU and Article 25 of the Staff Regulations of Officials of the European Union have been infringed in so far as it is not possible to understand the reasoning followed by the European Public Prosecutor’s Office in the contested decisions.

2.

Second plea in law, alleging breach of the principle of legality.

The applicant alleges an infringement of the law and that administrative decisions have been adopted by an authority lacking competence. By adopting the contested decisions and repeatedly extending the applicant’s suspension, the European Public Prosecutor’s Office acted ultra vires and encroached upon powers which, in this area, are reserved exclusively to the Court of Justice of the European Union.

3.

Third plea in law, alleging infringement of the right to an impartial tribunal.

The applicant relies on Article 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’), on the ground that the investigation was conducted by the same authority as that called upon to decide on the suspension from duties.

4.

Fourth plea in law, alleging breach of the duty of impartiality

The applicant relies on Article 41 of the Charter to claim an infringement of the rights of the defence and of the internal rules adopted by the Commission. The applicant was not heard before the contested decisions were adopted, nor was the applicant given the opportunity to put forward circumstances in their defence.

5.

Fifth plea in law, alleging failure to observe the principle of the presumption of innocence.

The applicant argues that statements concerning the applicant’s alleged guilt were made to the press before the investigation was concluded.

6.

Sixth plea in law, alleging failure to observe the principle of proportionality.

The applicant claims to be the victim of an error of law and of a manifest error of assessment on the ground that the applicant’s suspension from duties is not based on specific and serious circumstances.


ELI: http://data.europa.eu/eli/C/2026/1232/oj

ISSN 1977-091X (electronic edition)


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