This document is an excerpt from the EUR-Lex website
Document 62018TN0388
Case T-388/18: Action brought on 27 June 2018 — WV v EEAS
Case T-388/18: Action brought on 27 June 2018 — WV v EEAS
Case T-388/18: Action brought on 27 June 2018 — WV v EEAS
IO C 352, 1.10.2018, p. 34–35
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
1.10.2018 |
EN |
Official Journal of the European Union |
C 352/34 |
Action brought on 27 June 2018 — WV v EEAS
(Case T-388/18)
(2018/C 352/41)
Language of the case: French
Parties
Applicant: WV (represented by: É. Boigelot, lawyer)
Defendant: European External Action Service
Form of order sought
The applicant claims that the General Court should:
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declare the present application admissible and well founded;
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Pleas in law and main arguments
In support of the action, the applicant relies on a single plea in law alleging breach of the duty to afford assistance and to have regard for the interests of members of staff, of Articles 1e(2), 12, 12a, 22b, 24, 25 and 26 of the Staff Regulations of Officials of the European Union (‘the Staff Regulations’), of the principle of good administration, of Articles 1 and 2 of Annex IX to the Staff Regulations, and of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ 2001 L 8, p. 1).
In the context of that plea, the applicant also alleges infringement of, inter alia, Articles 41, 47 and 52 of the Charter of Fundamental Rights of the European Union, of the European Convention on Human Rights and Fundamental Freedoms, and of the rights of defence, as well as abuse of rights and abuse of process, in addition to the manifest breach of the principles of the protection of legitimate expectations and the equality of arms.
The applicant alleges lastly, in the context of that plea, breach of the principle that requires the administration to adopt a decision solely on the basis of legally permissible grounds, by which is meant grounds that are relevant and not vitiated by any manifest error of assessment, of fact or of law, and breach of the principle of proportionality, the adversarial principle, and the principles of sound administration and legal certainty, in addition to infringement of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 1).
Thus, by the single plea raised, the applicant claims that, in adopting the contested decision in the conditions complained of and subsequently rejecting the applicant’s complaint, the appointing authority manifestly failed correctly to interpret and apply the provisions of the Staff Regulations and the abovementioned principles since its decision was based on grounds that are incorrect both in fact and in law and consequently placed the applicant in an unlawful administrative situation, with a complete lack of correspondence between the facts established and the rejection of the application for assistance.