27.2.2023

Official Journal of the European Union

C 71/30

(Case T-692/21) (*)

(Civil service - OLAF investigation - Acts adopted by OLAF - Identification of the defendant - No act adversely affecting the applicant - Article 76(d) of the Rules of Procedure - Inadmissibility)

(2023/C 71/40)

Language of the case: English

Parties

Applicant: AL (represented by: R. Rata, lawyer)

Defendant: European Commission (represented by: T. Bohr, J. Baquero Cruz and A.-C. Simon, acting as Agents)

Re:

By his action based on Article 270 TFEU, the applicant seeks, first, the annulment of (i) various acts adopted by the European Anti-Fraud Office (OLAF) in the context of an investigation concerning him and by which OLAF rejected, inter alia, two complaints lodged by him against the final report and recommendations made in that investigation, (ii) the European Commission’s note of 3 March 2021 by which the Commission had informed him of its intention to recover certain allowances that had been paid to him, (iii) the Commission decision of 22 March 2021 by which it decided to recover those allowances, (iv) the Council of the European Union’s internal note of 22 January 2021 recommending the opening of disciplinary proceedings against him and, secondly, compensation for the material and non-material damage that he claims to have suffered as a consequence of the recovery of various sums from his salary during 2021 and of the alleged illegal conduct of the OLAF investigation concerning him and its ensuing consequences.

Operative part of the order

1.The action is dismissed.

2.There is no need to rule on the application for leave to intervene lodged by the Council of the European Union.

3.AL shall bear his own costs and pay the costs incurred by the European Commission.

4.The Council shall bear its own costs relating to the application for leave to intervene.

(*) Language of the case: English.

(1) OJ C 37, 24.1.2022.