9.3.2020

EN

Official Journal of the European Union

C 77/60

(Case T-41/20)

(2020/C 77/81)

Language of the case: French

Parties

Applicant: Danilo di Bernardo (Brussels, Belgium) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul the decision of 13 March 2019 taken with a view to complying with the judgment of 29 November 2018 in Case T-811/16;

—order the Commission to pay the applicant, as compensation for material harm caused to the applicant, a sum of EUR 50 000 as well as a sum of EUR 7 000, subject to increase in the course of the proceedings, as compensation for his moral harm;

—order the Commission to pay the costs.

Pleas in law and main arguments

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

1.First plea in law, alleging an infringement of the competition notice by the Examining Board in so far as the eligibility criteria that it laid down unlawfully restrict the scope of that notice. The applicant claims in that regard that, by adopting eligibility criteria which had the effect of excluding the taking into account of experience similar to that of the applicant, experience nevertheless compatible with the requirements of the competition notice, the Examining Board infringed the latter.

2.Second plea in law, alleging manifest errors of assessment vitiating the contested decision and relating to the question whether the applicant’s professional experience is related to the responsibilities described in the competition notice.