13.12.2021

EN

Official Journal of the European Union

C 502/40

(Case T-677/21)

(2021/C 502/60)

Language of the case: English

Parties

Applicant: TL (represented by: L. Levi and N. Flandin, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul the applicant’s career development report (‘CDR’) for 2019;

—subsidiarily, annul the CDR in so far it contains contested comments;

—together with, and in so far as necessary, annul the defendant’s decision of 8 July 2021 rejecting the complaint lodged by the applicant against the CDR;

—order the compensation of the non-material damage suffered by the applicant; and

—order the defendant to pay the costs.

Pleas in law and main arguments

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

1.First plea in law, alleging that since no objectives have been fixed for 2019, the defendant could not conduct a proper and fair appraisal of the applicant’s performance in 2019. It is alleged that this lack of objectives has resulted in manifest errors of appreciation, in a breach of the duty of care and of the principle of good administration.

2.Second plea in law, alleging that the defendant breached Article 43 of the Staff Regulations and violated its Guidance for Reporting Officers. It is also alleged that the defendant committed manifest errors of assessment and misused its powers. The applicant also alleges that the defendant breached its duty of care and its duty of good administration.

3.Third plea in law, alleging that the defendant breached Article 292(2) TFUE in conjunction with Article 25(2) of Staff Regulations and Article 41(2) of the Charter of Fundamental Rights.