Official Journal of the European Union

C series

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C/2024/7180

9.12.2024

(Case T-530/24)

(C/2024/7180)

Language of the case: French

Parties

Applicant: FU (represented by: S. Orlandi, lawyer)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:

—annul the decision of 30 November 2023 rejecting the applicant’s accident report of 27 November 2023 on the ground that it is out of time;

—order the Parliament to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.

1.First plea in law, alleging infringement of Article 73 of the Staff Regulations of Officials of the European Union (‘the Staff Regulations’). The applicant claims that the rejection of the accident report constitutes an infringement of the right to insurance against the risk of accidents provided for by Article 73 of the Staff Regulations which guarantees cover from the date of entry into the service. The applicant submits that the Parliament misapplied that article.

2.Second plea in law, alleging infringement of Articles 2, 4, 7 and 15 of the common rules on insurance against the risk of accident. The contested decision was taken on the basis of an alleged delay in the accident report, which is disputed by the applicant, who maintains, on the contrary, that the accident report was submitted within the prescribed period in view of the circumstances. The applicant relies on errors of interpretation concerning the period for submitting an accident report and the conclusions to be drawn from any delay, which cannot automatically lead to the exclusion from cover and guaranteed benefits.

3.Third plea in law, alleging failure to observe the principle of proportionality. The applicant submits that the contested decision penalised her disproportionately for a minor administrative issue, whereas priority should have been given to the substantive right to compensation for accidents in view of the fact that there was no infringement of the rights of the appointing authority. The appointing authority neither contested the facts nor alleged an infringement of its rights.

ELI: http://data.europa.eu/eli/C/2024/7180/oj

ISSN 1977-091X (electronic edition)

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