Official Journal of the European Union

EN

Series C

C/2023/540

6.11.2023

(Case T-580/23)

(C/2023/540)

Language of the case: French

Parties

Applicant: QN (represented by: H. Tagaras, lawyer)

Defendant: European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice

Form of order sought

The applicant claims that the Court should:

—uphold the action;

—annul the contested acts;

—order the defendant to pay all the costs.

Pleas in law and main arguments

In support of his action against the decision to reject his request for access to all the documents directly linked to the allegations concerning him in the context of an administrative inquiry opened in his regard and closed without further action, the applicant relies on three pleas in law.

1.First plea, alleging that the defendant erred in its interpretation and application of Article 19(2) of Decision 2022-81 on laying down general implementing provisions on the conduct of administrative inquiries and disciplinary proceedings. The applicant claims that the basis for the refusal, namely the protection of the legitimate interests of third parties, cannot in this case justify the refusal to disclose the documents requested.

2.Second plea, alleging failure to state reasons, on the grounds that the contested acts in no way explain why the reservation relating to the protection of the interests of third parties is likely to apply in this case.

3.Third plea, alleging infringement of Articles 41 and 47 of the Charter of Fundamental Rights of the European Union and disregard for the objective of combating impunity, in particular because the defendant’s refusal to grant the applicant’s request deprived him of the possibility of finding, in the complaints lodged against him, evidence of defamation which could subsequently form the basis of administrative or legal proceedings.

ELI: http://data.europa.eu/eli/C/2023/540/oj

ISSN 1977-091X (electronic edition)