EN

Official Journal of the European Union

C 294/38

(Case T-353/22)

(2022/C 294/55)

Language of the case: English

Parties

Applicant: XH (represented by: K. Górny-Salwarowska, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul the decision of 10 November 2021 (IA n° 31-2021) concerning non-inclusion of the applicant’s name in the list of the promoted officials in 2021, upheld by the decision No R/72/22 issued by the Appointing Authority on 8 June 2022 in response to the complaint filed by the applicant on 5 February 2021;

—compensate loss and damages of the applicant;

—order the defendant the payment of all the costs and expenses under Article 268 TFEU.

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 error of law and the irregularity of the contested promotion procedure 2021: the violation of GIP 45 Decision C (2013) 8968 laying down general provisions implementing Article 45 of the Staff Regulations; the violation of Article 45(1) Staff Regulations in the light of Article 7 of the Charter of Fundamental Rights of the European Union, and the absence of actual comparison of the merits.

2.Second plea in law, alleging manifest error of assessment in applying the promotion criteria provided for in Article 45 of the Staff Regulations, in the light of Article 7 of the Charter of Fundamental Rights of the European Union.