Official Journal of the European Union

EN

Series C

C/2023/351

30.10.2023

(Case T-562/23)

(C/2023/351)

Language of the case: French

Parties

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

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—declare the present application for annulment admissible and well founded;

and consequently,

—annul the decision of 20 July 2023 by which the defendant stated that from 15 September 2023 all the applicant’s IT accesses will be closed and all data in the computer system concerning the applicant will be definitively erased;

—order the payment of damages estimated at EUR 10 000;

—order the defendant to pay all the costs.

Pleas in law and main arguments

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

1.First plea in law, alleging infringement of Article 8 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and Articles 17(1), 20(1), 22(1), 24 and 44 of Regulation 2018/1725 (1) in so far as the Commission ordered the closure of all of the applicant’s computer accounts and the deletion of all the data on those accounts, including the administrative file, from the moment she was placed on invalidity leave.

2.Second plea in law, alleging infringement of the obligation to state reasons provided for in Article 296 TFEU and Article 25(6) of Regulation 2018/1725.

3.Third plea in law, alleging breach of the principle of proportionality and the principle of sound administration as set out in Article 41 of the Charter.

(1) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ 2018 L 295, p. 39).

ELI: http://data.europa.eu/eli/C/2023/351/oj

ISSN 1977-091X (electronic edition)