21.11.2022

Official Journal of the European Union

C 441/12

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(Case C-567/22 P)

(2022/C 441/17)

Language of the case: French

Parties

Appellants: Vasile Dumitrescu, Guido Schwarz (represented by: L. Levi, J.-N. Louis, avocats)

Other parties to the proceedings: European Commission, European Parliament, Council of the European Union

Form of order sought

The appellants claim that the Court should:

—set aside the judgment of the General Court of the European Union of 15 June 2022 in Case T-531/16, Dumitrescu and Schwarz v Commission;

—refer the present case to the Court of Justice for a ruling that the appellants’ action at first instance is well founded;

—order the defendant at first instance to pay all of the costs at first instance and on appeal.

Grounds of appeal and main arguments

In support of their appeal, the appellants rely on three grounds:

The first ground of appeal alleges infringement of Article 45 TFEU, infringement by the General Court of its obligation to state reasons, error of legal characterisation and distortion of the contents of the file;

The second ground of appeal alleges infringement of the purpose of Article 8 of Annex VII to the Staff Regulations of Officials of the European Union, breach of the general principle of the right of an official to retain personal links with the place where his or her principal interests are situated, infringement of Articles 7 and 8 of the Charter of Fundamental Rights and distortion of the contents of the file;

The third ground of appeal alleges breach of the principle of equal treatment.

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