8.6.2020

EN

Official Journal of the European Union

C 191/19

(Case T-119/20)

(2020/C 191/26)

Language of the case: French

Parties

Applicant: IN (represented by: L. Levi, lawyer)

Defendant: Executive Agency for Small and Medium-sized Enterprises

Form of order sought

The applicant claims that the General Court should:

—declare the present action admissible and well founded;

—annul the decision of 15 April 2019, made by the Executive Directive of EASME in his capacity as the authority empowered to conclude contracts (‘AECE’), not to renew the applicant’s contract beyond the term thereof (30 April 2019);

—annul the applicant’s appraisal for the year 2018, which was finalised on 3 June 2019;

—if necessary, annul the decision of the AECE of 15 November 2019 rejecting the applicant’s complaint;

—order the defendant to pay compensation in respect of the damage suffered;

—order the defendant to pay the entirety of the costs.

Pleas in law and main arguments

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

1.First plea in law, alleging infringement of the right to be heard, as well as infringement of the decision of 4 February 2019, ‘EASME Policy for Management of Employment Contracts’.

2.Second plea, alleging infringement of the duty to have regard for the welfare of officials.

3.Third plea, alleging manifest errors of assessment.

4.Fourth plea, alleging infringement of the principles of legal certainty and legality, infringement of the principle that decisions must be adopted within a reasonable time, and infringement of the principle of sound administration and of the duty to have regard for the welfare of officials.

5.Fifth plea, concerning the application for annulment of the appraisal, alleging manifest errors of assessment.

The applicant takes the view, moreover, that the illegalities set out in the pleas for annulment constitute the same number of failures on the part of the defendant. Consequently, he seeks compensation in respect of the non-material damage suffered as a result of the contested decisions.