Official Journal of the European Union

C series

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C/2024/5209

(Case C-352/24)

(C/2024/5209)

Language of the case: Greek

Parties

Appellant: PU (represented by: P. Yatagantzidis and D. Tsarapatsanis, dikigoroi)

Other party to the proceedings: European Public Prosecutor's Office

Form of order sought

The appellant submits that the Court of Justice should:

—set aside the first part (paragraphs 24 to 57) of the judgment of the General Court of 28 February 2024 in Case T-442/22, together with the relevant point of the operative part (namely, the dismissal of the action brought against the respondent’s decisions of 23 March 2022 and 30 May 2022);

—refer the case back to the General Court so that it may rule on the matter set out in the first paragraph above;

—order the respondent to pay the costs.

Ground of appeal and main arguments

In support of the appeal, the appellant raises a single ground of appeal divided into two parts:

1.First part of the single ground of appeal:

The judgment under appeal is vitiated by an error of law, in that it infringes the appellant’s right to effective judicial protection by misinterpreting and misapplying Article 17(1) and Article 96(1) of Regulation 2017/1939, (1) read in conjunction with Articles 263 and 270 TEUF, Articles 47 and 52 of the Charter of Fundamental Rights of the European Union, Articles 6 and 13 of the European Convention on Human Rights (ECHR), and the principle of legal certainty.

2.Second part of the single ground of appeal:

The judgment under appeal is insufficiently reasoned in so far as it fails to address the appellant’s arguments, put forward in the reply lodged at first instance, relating to the interpretation of the applicable legal framework in accordance with Article 47 of the Charter of Fundamental Rights of the European Union.

Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ 2017 L 283, p. 1).

ELI: http://data.europa.eu/eli/C/2024/5209/oj

ISSN 1977-091X (electronic edition)

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Language of the case: Greek