Official Journal of the European Union

C series

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C/2024/7175

9.12.2024

(Case T-476/24)

(C/2024/7175)

Language of the case: Dutch

Parties

Applicant: Antonius J. M. Manders (Helmond, Netherlands) (represented by: R. van Dalen, lawyer)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:

—declare the last indent of Article 11(2) of Regulation (EU, Euratom) 2021/1163 (1) null and void or non-binding;

—order the European Parliament to take a decision on derogation and admit the applicant to the procedure for the election of the European Ombudsman;

—should the European Parliament refuse to take the said decision, determine reasonable compensation in respect of the damage suffered.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law. The applicant argues that the last indent of Article 11(2) of Regulation 2021/1163 makes it impossible for him to be nominated as candidate for the position of European Ombudsman and that his fundamental rights as they are set out in the EU Treaties and the Charter of Fundamental Rights of the European Union are thereby affected. The applicant alleges inter alia violation of the prohibition of discrimination (Article 21 of the Charter) and breach of the principle of equal treatment (Article 2 TEU).

(1) Regulation (EU, Euratom) 2021/1163 of the European Parliament and of the Council of 24 June 2021 laying down the regulations and general conditions governing the performance of the Ombudsman’s duties (Statute of the European Ombudsman) and repealing Decision 94/262/ECSC, EC, Euratom.

ELI: http://data.europa.eu/eli/C/2024/7175/oj

ISSN 1977-091X (electronic edition)

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* Language of the case: Dutch.