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Case T-605/19: Action brought on 9 September 2019 — EP v Commission

ECLI:EU:UNKNOWN:62019TN0605

62019TN0605

September 9, 2019
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11.11.2019

EN

Official Journal of the European Union

C 383/65

(Case T-605/19)

(2019/C 383/74)

Language of the case: French

Parties

Applicant: EP (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 not to promote the applicant to grade AD 9 under the 2018 promotion procedure;

order the European Commission 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 an inadequate statement of reasons provided in the reply rejecting the complaint, in particular having regard to the fact that the Joint Promotions Committee recommended that the applicant be promoted.

2.Second plea in law, alleging infringement of Article 45 of the Staff Regulations of Officials of the European Union (‘the Staff Regulations’) by the Appointing Authority inasmuch as it did not actually carry out an examination of the comparative merits of all the officials eligible for promotion.

3.Third plea in law, alleging that the contested decision is vitiated, in any event, by manifest errors of assessment, on the basis of the statement of grounds available for that decision.

4.Fourth plea in law, alleging infringement of Article 24b of the Staff Regulations and of the sixth paragraph of Article 1 of Annex II to the Staff Regulations, inasmuch as the applicant was penalised on account of the staff representation duties he performs.

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