(Case T-243/18)

Language of the case: French

Parties

Applicant: VW (represented by: N. de Montigny, lawyer)

Defendant: European Commission

Form of order sought

Declare and rule that,

—the decision of the Appointing Authority of 26 June 2017 is annulled;

—in so far as necessary, the express decision rejecting the claim dated 19 January 2018 is annulled;

—the defendant is ordered to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

1.First and principal plea in law, raising a plea of illegality directed against Article 20 of Annex VIII to the Staff Regulations since it infringes the principle of equal treatment enshrined in Article 20 of the Charter of Fundamental Rights and Article 52 of that Charter.

2.Second plea in law, raised in the alternative, in the event that the applicant were not able to rely on Article 20 of Annex VIII to the Staff Regulations, alleging an error of law committed by the defendant institution in interpreting Article 27 of Annex VIII to the Staff Regulations and, in the further alternative, if there were no error of law, alleging infringement of the principle of equal treatment enshrined in Article 20 of the Charter of Fundamental Rights and infringement of the principle of proportionality enshrined in Article 52 of that Charter.