31.1.2022

EN

Official Journal of the European Union

C 51/40

(Case T-770/21)

(2022/C 51/53)

Language of the case: French

Parties

Applicant: OC (represented by: L. Levi and N. Flandin, lawyers)

Defendant: European External Action Service (EEAS)

Form of order sought

The applicant claims that the General Court should:

—declare the present action admissible and well founded;

consequently:

—annul the decision of 10 September 2020, notified on 11 February 2021, by which the appointing authority rejected the applicant’s request for assistance made under Article 24 of the Staff Regulations of Officials of the European Union;

—in so far as necessary, annul the decision of the appointing authority of 31 August 2021 rejecting the applicant’s complaint of 6 May 2021 against the decision of 10 September 2021;

—order the defendant 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 breach of the obligation to state reasons and of the right to be heard.

2.Second plea in law, alleging breach of procedure and of the competence rules concerning distribution of powers. The applicant submits in that regard that the decision to initiate an administrative investigation should have been taken by the Secretary-General of EEAS.

3.Third plea in law, alleging manifest errors of assessment committed by EEAS in the light of its definition of psychological harassment and of the breach of Article 12a of the Staff Regulations of Officials of the European Union.

4.Fourth plea in law, alleging breach of the duty of care.