This document is an excerpt from the EUR-Lex website
Document 62015TN0286
Case T-286/15: Action brought on 28 May 2015 — KF/SATCEN
Case T-286/15: Action brought on 28 May 2015 — KF/SATCEN
Case T-286/15: Action brought on 28 May 2015 — KF/SATCEN
OJ C 302, 14.9.2015, p. 57–58
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
14.9.2015 |
EN |
Official Journal of the European Union |
C 302/57 |
Action brought on 28 May 2015 — KF/SATCEN
(Case T-286/15)
(2015/C 302/73)
Language of the case: English
Parties
Applicant: KF (Berlin, Germany) (represented by: A. Kunst, lawyer)
Defendant: European Union Satellite Centre (SATCEN)
Form of order sought
The applicant claims that the Court should:
— |
annul/set aside the Appeals Board’s decision of 26 January 2015 notified to the applicant on 23 March 2015 rejecting two appeals of the applicant. The applicant invokes the inapplicability of Article 28.6. of the SATCEN Staff Regulations (1) pursuant to Article 277 TFEU; |
— |
annul the SATCEN implied decision of 5 July 2013 rejecting the applicant’s request for assistance; |
— |
annul the SATCEN decision of 5 July 2013 to suspend the applicant from duty and initiate disciplinary proceedings, alternatively review the decisions’ legality incidentally in the action against the removal decision; |
— |
annul the SATCEN removal decision of 28 February 2014; |
— |
order the SATCEN to pay the applicant compensation for the material damage suffered in the form of salaries, emoluments and entitlements until the end of the applicant’s contract and compensate the applicant for the non-material damage suffered, assessed provisionally on an ex aequo et bono at EUR 5 00 000; |
— |
order the SATCEN to pay the costs, together with interest of 8 %. |
Pleas in law and main arguments
1. |
In support of the action for annulment of the decision of the SATCEN Appeals Board’s decision of 26 January 2015, the applicant relies on one plea in law, alleging infringement of the applicant’s right to an effective remedy and to fair proceedings.
|
2. |
In support of the action for annulment of the SATCEN implied refusal of 5 July 2013 to render assistance pursuant to Article 2.6 of the SATCEN Staff Regulations, the applicant relies on two pleas in law.
|
3. |
In support of the action for annulment of the suspension decision taken by SATCEN and its decision to initiate disciplinary proceedings, the applicant relies on three pleas in law.
|
4. |
In support of the action for annulment of removal decision of SATCEN taken on 28 February 2014, the applicant relies on four pleas in law.
|
(1) Council Decision 2009/747/CFSP of 14 September 2009 concerning the Staff Regulations of the European Union Satellite Centre (OJ 2009 L 276, p. 1).