11.4.2023

EN

Official Journal of the European Union

C 127/46

(Case T-45/23)

(2023/C 127/57)

Language of the case: French

Parties

Applicant: UG (represented by: N. Flandin, lawyer)

Defendant: European Research Council Executive Agency

Form of order sought

The applicant claims that the Court should:

—declare the present action admissible and well founded;

consequently,

—annul the applicant’s 2021 appraisal report;

—alternatively, annul the 2021 appraisal report in so far as it contains the contested comments;

—as well as, and in so far as necessary, annul the ERCEA decision of 26 October 2022 in that it rejects the applicant’s complaint against her 2021 appraisal report;

—order the defendant to pay all of the costs.

Pleas in law and main arguments

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

1.First plea in law, alleging that the reasons for the contested decision are vitiated by a manifest error of assessment, a failure properly to take into account the previous appraisal reports, an infringement of Article 43 of the Staff Regulations of Officials the European Union and an infringement of the principle of the annual nature of the appraisal.

2.Second plea in law, alleging that the contested decision and comments are vitiated by manifest errors of assessment, a breach of the principle of care, a failure to take into account the particular professional context, which was disrupted by the Covid pandemic in 2021 and the disproportionate nature of the comments as against the reality of the situation.