28.9.2020

Official Journal of the European Union

C 320/5

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(Case C-171/20 P)

(2020/C 320/06)

Language of the case: French

Parties

Appellant: WV (represented by: É. Boigelot, avocat)

Other party to the proceedings: European External Action Service (EEAS)

Form of order sought

The appellant claims that the Court should:

—Set aside the order of 29 January 2020 of the General Court of the European Union in Case T-43/19, in so far as it dismissed the action as inadmissible and ordered the present appellant to pay the costs;

—Order the original defendant to pay all of the costs, including the costs incurred before the General Court of the European Union, in accordance with Article 184 of the Rules of Procedure of the Court of Justice of the European Union;

—Refer the case back to the General Court of the European Union in order for it to rule on the action.

Grounds of appeal and main arguments

The appellant submits that, in issuing the order under appeal, the General Court failed to have regard to the principle of unfettered evaluation of evidence and the concept of a body of consistent evidence and, therefore, failed to have regard to the rules relating to the burden of proof, in particular as regards the arguments and evidence submitted concerning the legal nature of the claim for damages lodged by the appellant with the EEAS pursuant to Article 90 of the Staff Regulations of Officials of the European Union.

The single ground of appeal raised by the appellant also alleges discrimination, distortion of the facts by the order under appeal and manifest errors of assessment made by the General Court resulting in imprecise legal reasoning.

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