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Case T-202/23: Action brought on 18 April 2023 — Kivikoski and Others v Council
ECLI:EU:UNKNOWN:62023TN0202
62023TN0202
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12.6.2023
EN
Official Journal of the European Union
C 205/39
(Case T-202/23)
(2023/C 205/44)
Language of the case: French
Parties
Applicants: Ville Kivikoski (Wezembeek-Oppem, Belgium), Ottavia Maffia (Brussels, Belgium), Peter Pristovnik (Brussels) (represented by: N. de Montigny, lawyer)
Defendant: Council of the European Union
Form of order sought
The applicants claim that the Court should:
—annul the decision of 13 July 2022;
—annul, in so far as necessary, to the extent that it states the reasons on which the decision of 13 July 2022 is based, the decision to reject the complaint dated 2 February 2023;
—order the defendant to pay the costs.
Pleas in law and main arguments
In support of their action against the decision of the Secretary General of the Council of 13 July 2022 not to promote them for the 2022 promotion exercise, the applicants rely on two pleas in law.
1.First plea in law, alleging the unlawfulness of the contested decision in so far as it is based on an incorrect application of the statutory rules and rates applicable to promotion, which infringes the Staff Regulations of Officials of the European Union and caused a reasonable loss of opportunity for them to be eligible to promotion to grade AST 8.
2.Second plea in law, alleging a breach of the principles of foreseeability and legal certainty, and due to the fact that they have suffered unlawful unequal treatment, based on their classification to grade AST 7, not provided for by the legislature.