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Case T-819/17: Action brought on 18 December 2017 — Sierra v EUIPO
ECLI:EU:UNKNOWN:62017TN0819
62017TN0819
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Valentina R., lawyer
26.2.2018
EN
Official Journal of the European Union
C 72/39
(Case T-819/17)
(2018/C 072/50)
Language of the case: Spanish
Parties
Applicant: Mercedes Sierra (Alicante, Spain) (represented by: E. Fontes Vila, lawyer)
Defendant: European Union Intellectual Property Office
Form of order sought
The applicant claims that the Court should order the defendant to delete from the applicant’s ‘Appraisal Report’ for the year 2016 any criticism of her communication style, on the ground that it constitutes a misrepresentation and is contrary to the fundamental right of the individual to freely express ideas and opinions.
Pleas in law and main arguments
The present action is brought against EUIPO’s decision adopted in the applicant’s annual performance appraisal for the year 2016.
Specifically, the applicant requests that certain assessments be removed from the ‘Appraisal Report’.
In support of her action, the applicant relies on her right to freedom of expression whilst at work without fear of reprisal.
The applicant considers her right to freedom of expression to have been infringed and considers that the reason given for the decision not to promote the official, as merited on the basis of the appraisal of her commitment, the quality and performance of her work, denies her the opportunity to defend herself.