Judgment of the General Court of 28 April 2021 — Correia v EESC

(Case T-843/19) (1)

(Civil service - EESC staff - Members of the temporary staff - Refusal to regrade - Action for annulment - Time limit for complaints - Burden of proving expiry of the time limit - Act adversely affecting an official - Admissibility - Equal treatment - Legal certainty - Action for damages - Non-material damage)

(2021/C 242/43)

Language of the case: French

Parties

Applicant: Paula Correia (Sint-Stevens-Woluwe, Belgium) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Economic and Social Committee (represented by: M. Pascua Mateo, X. Chamodraka and K. Gambino, acting as Agents, and by B. Wägenbaur, lawyer)

Re:

Application based on Article 270 TFEU seeking, first, annulment of the decision of the EESC adopted on a date unknown to the applicant, which the applicant became aware of on 12 April 2019, refusing to regrade her in grade AST 7 in the 2019 regrading process and, secondly, compensation for the non-material damage suffered by the applicant on account of that decision.

Operative part of the judgment

The Court:

1.	Annuls the decision of the European Economic and Social Committee (EESC) refusing to regrade Mrs Paula Correia in the 2019 regrading process;

2.	Orders the EESC to pay Mrs Correia the sum of EUR 2 000 in respect of the non-material damage she suffered;

3.	Orders the EESC to pay the costs.

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(1)  OJ C 45, 10.2.2020.