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Case T-159/23: Action brought on 24 March 2023 — VN v Commission
ECLI:EU:UNKNOWN:62023TN0159
62023TN0159
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Valentina R., lawyer
22.5.2023
EN
Official Journal of the European Union
C 179/64
(Case T-159/23)
(2023/C 179/90)
Language of the case: French
Parties
Applicant: VN (represented by: A. Champetier and S. Rodrigues, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the General Court should:
—hold that the present action is admissible and well founded; consequently,
—annul the Commission’s decision of 6 July 2022 declaring the applicant fit to work and absent without justification on 10 June 2022, thus leading to a deduction from his salary of one calendar day;
—in so far as necessary, annul the Commission’s decision of 14 December 2022 rejecting the applicant’s complaint of 16 August 2022;
—order the Commission to pay compensation in respect of non-material damage suffered by the applicant amounting to two months of pay, including allowances;
—order the Commission to pay all the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on four pleas in law.
1.First plea in law, alleging lack of independence of the medical officer who carried out the consultation on 10 June 2022 and breach of the duty of impartiality.
2.Second plea in law, alleging breach of the duty to state reasons.
3.Third plea in law, alleging manifest errors of assessment and force majeure.
4.Fourth plea in law, alleging breach of the duty to have regard for the welfare of officials.