28.2.2022

EN

Official Journal of the European Union

C 95/43

(Case T-21/22)

(2022/C 95/60)

Language of the case: French

Parties

Applicant: NY (represented by: A. Champetier and S. Rodrigues, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—declare the present action admissible and founded;

—annul the first contested decision and, if necessary, the second contested decision;

—order the defendant to pay all the costs.

Pleas in law and main arguments

In support of the action against the decision of the Commission of 14 April 2021 dismissing the applicant’s claim for compensation filed on 22 December 2020, the applicant relies on three pleas in law.

1.First plea in law, alleging infringement of the right to sound administration and the principle of impartiality. The applicant submits that, in the context of the preparatory inquiry of the claim for compensation, the requirement of impartiality has not been met, both subjectively and objectively.

2.Second plea in law, alleging infringement of the right to integrity and dignity and the existence of several manifest errors of assessment. The applicant claims that the defendant failed to comply with its duty to preserve and protect its dignity and its integrity, having regard to the acts of violence by security personnel against him and the finding of which is vitiated by manifest errors of assessment.

3.Third plea in law, alleging breach of the duty of care in that the applicant did not receive all the support which he was entitled to expect from the defendant.