15.6.2020 |
EN |
Official Journal of the European Union |
C 201/34 |
Action brought on 3 April 2020 — JD v EIB
(Case T-166/20)
(2020/C 201/46)
Language of the case: English
Parties
Applicant: JD (represented by: H. Hansen, lawyer)
Defendant: EIB
Form of order sought
The applicant claims that the Court should:
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annul the decision (i) requiring the applicant to sign an addendum to his employment contract waiving certain social security rights and (ii) preventing the applicant from entering into the EIB’s service unless he sign said addendum; |
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thus order that the defendant withdraw its letter proposing said addendum and the associated demand that the applicant sign the addendum in question as a precondition for entry into service; |
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order the defendant to allow the applicant to enter into the service of the EIB with retroactive remuneration and benefits as from the contractual date of entry into service; |
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order that the costs shall be borne exclusively by the defendant; and |
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reserve any and all rights of the applicant. |
Pleas in law and main arguments
In support of the action, the applicant relies on four pleas in law.
1. |
First plea in law, alleging violation of data protection requirements.
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2. |
Second plea in law, alleging that there is no legal basis for the exclusion from coverage sought by the EIB.
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3. |
Third plea in law, alleging that there is no legal basis for the requirement to sign an addendum.
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4. |
Fourth plea in law, alleging discrimination and in particular infringement of Articles 21(1) and 34(1) of the Charter of Fundamental Rights of the European Union.
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(1) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ 2018 L 295, p. 39).