This document is an excerpt from the EUR-Lex website
Document 62022TN0143
Case T-143/22: Action brought on 11 March 2022 — OP v Parliament
Case T-143/22: Action brought on 11 March 2022 — OP v Parliament
Case T-143/22: Action brought on 11 March 2022 — OP v Parliament
OJ C 191, 10.5.2022, p. 36–36
(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 191, 10.5.2022, p. 31–31
(GA)
10.5.2022 |
EN |
Official Journal of the European Union |
C 191/36 |
Action brought on 11 March 2022 — OP v Parliament
(Case T-143/22)
(2022/C 191/46)
Language of the case: French
Parties
Applicant: OP (represented by: F. Moyse, lawyer)
Defendant: European Parliament
Form of order sought
The applicant claims that the Court should:
— |
annul the decisions of 7 June 2021 and 10 January 2022, or declare them null and void; |
— |
accordingly, acknowledge that the applicant is entitled to receive a survivor’s pension as defined by the first paragraph of Article 79 of the Staff Regulations of Officials of the European Union; |
— |
accordingly, acknowledge that Mr [confidential] (1) is entitled to receive an orphan’s pension as defined in Article 2 of Annex VII to the Staff Regulations. Otherwise, in so far as necessary, grant Mr [confidential] the orphan’s pension provided for in the first paragraph of Article 80 of the Staff Regulations of Officials of the European Union; |
— |
in any event, order the Parliament to pay the costs of the proceedings. |
Pleas in law and main arguments
In support of the action, the applicant relies on six pleas in law.
1. |
First plea in law, raising a plea of illegality in respect of Articles 18 and 20 of Annex VIII to the Staff Regulations of Officials of the European Union (‘the Staff Regulations’) resulting from a breach of the principle of equal treatment and discrimination on grounds of age. |
2. |
Second plea in law, alleging an error of law in the application of Articles 18 and 20 of Annex VIII to the Staff Regulations. |
3. |
Third plea in law, alleging a manifest error of assessment resulting from the failure to take into account the applicant’s particular situation. |
4. |
Fourth plea in law, raising a plea of illegality in respect of Article 2 of Annex VII to the Staff Regulations based on discrimination on grounds of disability. |
5. |
Fifth plea in law, alleging an error of law in the application of Article 2 of Annex VII to the Staff Regulations. |
6. |
Sixth plea in law, raised in the alternative, alleging breach of the administration’s duty to have regard for the welfare of officials. |
(1) Confidential data omitted.