Official Journal of the European Union

C series

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C/2025/1873

7.4.2025

(Case C-838/24 P)

(C/2025/1873)

Language of the case: English

Parties

Appellant: XH (represented by: K. Górny, adwokat)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court should:

—set aside the judgement under appeal;

—annul the decision of the European Anti-Fraud Office (OLAF) of 31 May 2022 by which appellant’s name was not included in the list of officials promoted to grade AD 6 under the 2017 promotion exercise, as published in Administrative Notices No 25-2017 of 13 November 2017;

—order compensation for loss and damages of the appellant;

—alternatively, refer back the case to the General court;

—order the Commission to pay all the costs of both the appeal and of the first instance.

Pleas in law and main arguments

In support of the appeal, the appellant relies on two pleas in law:

First plea in law, alleging a failure to comply with the judgment of 25 June 2020, XH v Commission (T-511/18, EU:T:2020:291), during the procedure for the re-examination of the 2017 promotion exercise. The appellant submits that the Commission did not resume that procedure at the appropriate stage, that were irregularity of the vote within the Joint Promotion Committee (JPC) and that the right to be heard was not respected.

Second plea in law, alleging an absence of fair comparison of merits in respect of the 2017 to 2023 promotion exercises and a manifest error of assessment committed by the competent appointing authority in applying the criteria relating to promotion.

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ELI: http://data.europa.eu/eli/C/2025/1873/oj

ISSN 1977-091X (electronic edition)

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