This document is an excerpt from the EUR-Lex website
Document 62021TN0522
Case T-522/21: Action brought on 18 January 2022 — XH v Commission
Case T-522/21: Action brought on 18 January 2022 — XH v Commission
Case T-522/21: Action brought on 18 January 2022 — XH v Commission
OJ C 237, 20.6.2022, p. 55–56
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
OJ C 237, 20.6.2022, p. 54–54
(GA)
20.6.2022 |
EN |
Official Journal of the European Union |
C 237/55 |
Action brought on 18 January 2022 — XH v Commission
(Case T-522/21)
(2022/C 237/72)
Language of the case: English
Parties
Applicant: XH (represented by: K. Górny-Salwarowska, lawyer)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
— |
annul decision D/386/20 of 24 November 2020 concerning the refusal to rectify the applicant’s Sysper 2 file, upheld by decision No. R/125/21 issued by the Appointing Authority on 16 June 2021 in response to the complaint filed by the applicant on 22 February 2021; |
— |
annul decision of 12 November 2020 (IA no 32-2020) concerning non-inclusion of the applicant’s name in the list of the promoted officials in 2020, upheld by decision No. R/80/21 issued by the Appointing Authority on 8 June 2021 in response to the complaint filed by the applicant on 5 February 2021; |
— |
compensate the loss and damages of the applicant; (1) |
— |
order the defendant to pay all the costs and expenses. |
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
1. |
First plea in law, alleging an error of law and the irregularity of the contested promotion procedures: the violation of GIP 45 Decision C(2013)8968 laying down general provisions implementing Article 45 of the Staff Regulations; the violation of Article 45(1) of the Staff Regulations in the light of Article 7 of the Charter of Fundamental Rights of the European Union, and the absence of actual comparison of the merits. |
2. |
Second plea in law, alleging a manifest error of assessment in applying the promotion criteria provided for in Article 45 of the Staff Regulations, in the light of Article 7 of the Charter of Fundamental Rights of the European Union. |
(1) Two specific amounts of damages are claimed in the application, namely EUR 25 000 for non-material loss and EUR 50 000 in respect of the applicant’s alleged material damage.