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Case T-100/21: Judgment of the General Court of 8 March 2023 — Sánchez-Gavito León v Council and Commission (International Cotton Advisory Committee — Decision (EU) 2017/876 — Staff of an international organisation to which the European Union has acceded — Agreement on the applicant’s conditions of departure — Actions for failure to act — Absence in part of invitation to act — No standing to bring proceedings — Inadmissibility — Liability — Causal link)

ECLI:EU:UNKNOWN:62021TA0100

62021TA0100

March 8, 2023
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Official Journal of the European Union

C 155/48

(Case T-100/21) (*)

(International Cotton Advisory Committee - Decision (EU) 2017/876 - Staff of an international organisation to which the European Union has acceded - Agreement on the applicant’s conditions of departure - Actions for failure to act - Absence in part of invitation to act - No standing to bring proceedings - Inadmissibility - Liability - Causal link)

(2023/C 155/60)

Language of the case: English

Parties

Applicant: Maria del Carmen Sánchez-Gavito León (Reston, Virginia, United States), (represented by: M. Veissiere, lawyer)

Defendants: Council of the European Union (represented by: A. Antoniadis, M. Bauer and A. Boggio-Tomasaz, acting as Agents), European Commission (represented by: T. Lilamand and M. Monfort, acting as Agents)

Re:

By her action under Articles 265 and 268 TFEU, the applicant seeks, first, a declaration that the failure to act of the Council of the European Union and of the European Commission was unlawful in so far as those institutions unlawfully refrained from acting following the formal call for action addressed to them by the applicant, a Spanish national and former staff member of the International Cotton Advisory Committee (ICAC) to which the European Union acceded by the adoption of Council Decision (EU) 2017/876 of 18 May 2017 on the accession of the European Union to the International Cotton Advisory Committee (ICAC) (OJ 2017 L 134, p. 23) and, second, compensation for the harm she allegedly suffered on account of the conduct of the Council, of the Commission and of their agents, which she claims failed to act even though they were aware of the harassment to which the applicant claims she was subjected by the Executive Director of the ICAC (‘the Executive Director’) and that director’s failure to adhere to the agreement on the applicant’s conditions of departure from the ICAC (‘the agreement on the conditions of departure’), and the absence of any means of redress by which the applicant could state her claim.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Ms María del Carmen Sánchez-Gavito León to pay the costs.

(*) Language of the case: English.

ECLI:EU:C:2023:140

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