12.6.2023

EN

Official Journal of the European Union

C 205/38

(Case T-198/23)

(2023/C 205/43)

Language of the case: French

Parties

Applicant: Union Syndicale Fédérale/European Public Service Union — Court of Justice (Luxembourg, Luxembourg) (represented by: J. N. Louis and M. Maes, lawyers)

Defendant: Court of Justice of the European Union

Form of order sought

The applicant claims that the Court should:

hereby order:

—the action admissible and well-founded,

—the decision to remove the applicant from the list of recipients of the publication of individual decisions disseminated from the address ‘Distribution décisions URC’ and from the IN-OUT Lists, non-existent or, at the very least, cancelled;

—order the defendant 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 the lack of competence of the authority which took the contested decision;

2.Second plea in law, alleging infringment of the right to good administration conferred by Article 41 of the Charter of Fundamental Rights of the European Union, which includes the right of every person to be heard, before any individual measure which would affect him or her adversely is taken;

3.Third plea in law, alleging infringement of Article 25 of the Staff Regulations of Officials of the European Union which requires any institution of the European Union to publish within it all individual decisions relating to the appointment, establishment, the promotion, transfer, determination of the administrative position and termination of service of an official;

4.Fourth plea in law, alleging breach of the framework agreement signed between the appointing authority of the Court and the applicant, which provides that the decisions of the appointing authority concerning a trade union or professional organisation which is representative and signatory of that agreement cannot be taken without the knowledge of the Registrar, as has happened in the present case.