Official Journal of the European Union

EN

C series

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C/2024/6665

11.11.2024

(Case T-502/24)

(C/2024/6665)

Language of the case: French

Parties

Applicant: UF (represented by: S. Orlandi, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul the decision of 26 June 2024 adopting measures implementing the annulment judgment of 8 May 2024 (UF v Commission, T-24/23, EU:T:2024:293);

—order the European Commission to pay the applicant a sum set ex aequo et bono for the non-material damage caused and to pay the costs.

Pleas in law and main arguments

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

1.First plea in law, alleging infringement of Article 266 TFEU, on the ground that the Commission, having failed to reinstate the applicant, did not comply with its obligation to take the measures necessary to implement the judgment of 8 May 2024, UF v Commission (T-24/23, EU:T:2024:293).

2.Second plea in law, alleging infringement of the fundamental right to engage in work laid down in Article 15 of the Charter of Fundamental Rights of the European Union. The applicant claims that the continued suspension of his employment deprives him of his right to engage in work.

3.Third plea in law, alleging failure to observe the principle of proportionality and failure to comply with the obligation to state reasons, on the ground that the Commission did not adequately justify pursuing an investigation, which appears to be an attempt to avoid the reinstatement of the applicant.

4.Fourth plea in law, alleging misuse of powers or abuse of process. According to the applicant, the measures adopted demonstrate the hidden intention of avoiding his reinstatement, despite the absence of facts justifying that decision.

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ELI: http://data.europa.eu/eli/C/2024/6665/oj

ISSN 1977-091X (electronic edition)

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