This document is an excerpt from the EUR-Lex website
Document 62021TN0440
Case T-440/21: Action brought on 20 July 2021 — TM v ECB
Case T-440/21: Action brought on 20 July 2021 — TM v ECB
Case T-440/21: Action brought on 20 July 2021 — TM v ECB
OJ C 391, 27.9.2021, p. 20–20
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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27.9.2021 |
EN |
Official Journal of the European Union |
C 391/20 |
Action brought on 20 July 2021 — TM v ECB
(Case T-440/21)
(2021/C 391/28)
Language of the case: English
Parties
Applicant: TM (represented by: L. Levi and A. Champetier, lawyers)
Defendant: European Central Bank
Form of order sought
The applicant claims that the Court should:
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annul the decision of the Executive Board of 15 December 2020 to appoint Ms P. for the position of Director General DG-IS instead of the Applicant; |
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annul, if need be, the decision of the Executive Board, dated 11 May 2021, rejecting the Special Appeal submitted by the Applicant against the decision not to appoint him; |
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compensate the Applicant for material damages suffered by the decision of 15 December 2020 with an amount of 73 679,47 euros; |
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compensate the Applicant for moral prejudice with an amount of one symbolic euro. |
Pleas in law and main arguments
In support of the action, the applicant relies on three pleas in law.
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1. |
First plea in law, alleging a manifest error of assessment and a violation of Article 8a (c) of the Conditions of employment, and of Articles 1a.1.1(b), 1a.2.1.1 and 1a.2.6.1 of the Staff Regulations; Violation of the vacancy notice; Breach of the interest of the service. |
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Second plea in law, alleging an illegality of the recruitment procedure 2020-2738- EXT due to a breach of Article 1a.3.1.2 § 4 of the Staff Rules and misuse of powers. |
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3. |
Third plea in law, alleging a breach of Articles 1a.2.7.9, 1a.2.7.10 and 1a.2.7.11 of the Staff Rules; Lack of motivation; Breach of the principle of good administration. |