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Case T-581/23: Action brought on 23 September 2023 — Union Syndicale v Council
ECLI:EU:UNKNOWN:62023TN0581
62023TN0581
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Official Journal of the European Union
EN
Series C
C/2023/541
6.11.2023
(Case T-581/23)
(C/2023/541)
Language of the case: French
Parties
Applicant: La Maison de l’Union Syndicale (Brussels, Belgium) (represented by: N. de Montigny, lawyer)
Defendant: Council of the European Union
Form of order sought
The applicant claims that the Court should:
—annul the decision of 14 July 2023 establishing the list of AST officials promoted under the 2023 promotion exercise in so far as that decision breaches the undertakings given by the Council to the applicant through the Consolidated Protocol of 26 May 1988 signed by the parties;
—order the defendant to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
1.First plea in law, alleging infringement by the Council of the right to sound administration, and in particular of its obligation of transparency and information and of the applicant’s right to negotiate, but also of the undertakings given through point 1(f) of Section IV, entitled ‘Advisory Committees on Promotion’, of the Consolidated Protocol of 26 May 1988 concluded between the Secretary-General of the Council and the Union syndicale des fonctionnaires et agents du secrétariat général du Conseil (Union of officials and other staff of the General Secretariat of the Council), which was the subject of Staff Note No 55/88 of 27 May 1988, on account of the failure to publish the opinions of the Advisory Committees on Promotion prior to the adoption of the final list of officials promoted during the 2023 promotion exercise.
2.Second plea in law, alleging infringement by the Council of point 1 of Section III, entitled ‘Joint bodies’, of the Consolidated Protocol and of its obligation to consult the organisations representing the staff in the context of the 2023 promotion exercise, on the ground that the Council failed to communicate its intentions or to give reasons for its decision to depart from the opinion of the Advisory Committee on Promotion and did not afford that committee the opportunity to intervene in order to review that decision.
ELI: http://data.europa.eu/eli/C/2023/541/oj
ISSN 1977-091X (electronic edition)