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Document 62021TN0223
Case T-223/21: Action brought on 27 April 2021 — SE v Commission
Case T-223/21: Action brought on 27 April 2021 — SE v Commission
Case T-223/21: Action brought on 27 April 2021 — SE v Commission
OJ C 278, 12.7.2021, p. 48–50
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
12.7.2021 |
EN |
Official Journal of the European Union |
C 278/48 |
Action brought on 27 April 2021 — SE v Commission
(Case T-223/21)
(2021/C 278/69)
Language of the case: English
Parties
Applicant: SE (represented by: L. Levi and M. Vandenbussche, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
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annul the decision rejecting his application to post COM/2020/1474, which he became aware of at the latest on 15 September 2020; |
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annul the decision of 28 October 2020 rejecting his request under Article 90(1) of the Staff Regulations pertaining to his eligibility for promotion and to be assigned or re-graded to a new post; |
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as far as necessary, annul the decisions of 18 January 2021 and 3 March 2021 respectively rejecting the applicant’s complaints of 16 September 2020 and 2 November 2020; |
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order the compensation of his material prejudice resulting from the loss of a chance to be appointed/assigned to post COM/2020/1474 as from 1 September 2020, as estimated in this application; |
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order the compensation of his material prejudice resulting from the loss of a chance to be promoted from 16 May 2020, as estimated in this application; |
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order the compensation of his material prejudice resulting from the loss of a chance to become a permanent official based on participation in internal competitions restricted to temporary agents 2(b) AD level, as estimated in this application; |
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order the defendant to pay the entire costs. |
Pleas in law and main arguments
In support of the action, the applicant relies on two sets of pleas in law, amounting to eight pleas in total.
The first set of pleas in law refers to the applicant’s action in so far as it is directed against the rejection of his application to post COM/2020/1474, whereas the second set of pleas concerns his action in so far as it is directed against the decision denying him the possibility of being promoted, re-graded, re-classified and/or appointed to another post.
1. |
First plea in law (first set of pleas), alleging a failure to notify the decision and failure to provide reasons.
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2. |
Second plea in law (first set of pleas), alleging that the rejection of the application for post COM/2020/1474 is illegal as it is based on an irregular interpretation of Article 8(2) and Article 10(3) of the Conditions of Employment of Other Servants of the EU (CEOS) — Violation of Article 8(2) and Article 10(3) CEOS, of the applicant’s contract and of the interest of the service.
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3. |
Third plea in law (first set of pleas), alleging a failure to follow established administrative practices, unequal treatment and age discrimination.
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4. |
Fourth plea in law (first set of pleas), alleging lack of transparency, denial of the right to be heard, and denial of an effective remedy.
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5. |
First plea in law (second set of pleas), alleging irregular interpretation of Article 8(2) and Article 10(3) CEOS — Violation of Article 8(2) and Article 10(3) CEOS, of the applicant’s contract and of the interest of the service.
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6. |
Second plea in law (second set of pleas), alleging unequal treatment and age discrimination between temporary agents 2(b) in the Commission.
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7. |
Third plea in law (second set of pleas), alleging the unequal treatment between temporary agents 2(b) of different Union entities.
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8. |
Fourth plea in law (second set of pleas), alleging unequal treatment between temporary agents 2(b) and other temporary agents in the Commission.
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