25.10.2021

Official Journal of the European Union

C 431/6

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(Case C-299/21)

(2021/C 431/03)

Language of the case: French

Parties

Appellant: EM (represented by: M. Casado García-Hirschfeld, avocate)

Other party to the proceedings: European Parliament

Form of order sought

The appellant submits that the Court of Justice should:

—set aside the judgment of 3 March 2021, EM v Parliament (T-599/19);

—order the Parliament to pay the entirety of the costs, including those incurred before the General Court.

Grounds of appeal and main arguments

By the first plea in law raised before the General Court, the appellant relied on infringement of Articles 1 and 31 of the Charter of Fundamental Rights as well as Article 12 and Article 12a(3) of the Staff Regulations, breach of the duty to provide assistance, and abuse of power. The General Court ruled on the first plea, divided into three parts, in paragraphs 42 to 131 of the judgment under appeal.

By the second plea in law raised before the General Court, the appellant relied on infringement of the principle of sound administration and of the duty to have regard for the welfare of officials, as well as a manifest error of assessment. The General Court ruled on this plea in paragraphs 142 to 159 of the judgment under appeal.

In support of his appeal, the appellant relies on a single ground of appeal, alleging distortion of the facts, and manifest errors of assessment resulting in a statement of reasons that is insufficient and legally imprecise. The General Court therefore ruled infra petita. In the context of the appeal, the appellant contests, in particular, paragraphs 51 to 57, 66 to 69, 100 to 103, 109, 126 to131, 145 to 146, 148 to 149 and 170 to 171 of the judgment under appeal.

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