EN

Official Journal of the European Union

C 231/49

(Case T-311/17)

(2017/C 231/63)

Language of the case: French

Parties

Applicant: Adolf Stips (Besozzo, Italy) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission

Form of order sought

Declare and rule,

—principally, that the decision of the AECE of 19 August 2016 not to reclassify the applicant in grade AD 13 in the 2013 reclassification procedure is annulled;

—in the alternative, that the Commission is ordered to make good in full the harm, both pecuniary and non-pecuniary, suffered by the applicant;

—in any event, that the Commission is ordered to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging an infringement of Article 266 TFEU, in that the Commission ignored the grounds for the judgment of 19 July 2016, Stips v Commission (F-131/15, EU:F:2016:154) and executed that judgment in bad faith, thus undermining the force of res judicata given absolute effect by the Civil Service Tribunal.