Official Journal of the European Union

EN

Series C

C/2023/1166

4.12.2023

(Case T-569/23)

(C/2023/1166)

Language of the case: French

Parties

Applicant: ZI (represented by: A. Champetier and S. Rodrigues, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—declare the present action admissible and well founded;

and, as a consequence,

—annul the contested decisions;

—order the defendant to pay all the costs.

Pleas in law and main arguments

In support of the action against, first, the decision of the European Commission of 10 November 2022 not to include the applicant’s name on the list of officials promoted under the 2022 promotion exercise and, secondly, the decision of 14 November 2022 informing him of that decision and setting out the reasons in support of it, the applicant relies on four pleas in law.

1.First plea in law, alleging infringement of the right to the presumption of innocence as set out in Article 48(1) of the Charter of Fundamental Rights of the European Union (‘the Charter’).

2.Second plea in law, alleging infringement of the right to good administration granted by Article 41(1) of the Charter.

3.Third plea in law, alleging infringement of Article 11(1) of the Charter and Article 17a(1) of the Staff Regulations of Officials of the European Union. In that regard, the applicant alleges infringement of the right to freedom of expression.

4.Fourth plea in law, alleging infringement of Article 45 of the Staff Regulations of Officials of the European Union and misuse of power.

ELI: http://data.europa.eu/eli/C/2023/1166/oj

ISSN 1977-091X (electronic edition)