24.10.2022

Official Journal of the European Union

C 408/33

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(Case C-534/22 P)

(2022/C 408/44)

Language of the case: French

Parties

Appellant: Roberto Aquino (represented by: L. Levi, S. Rodrigues, avocats)

Other party to the proceedings: European Parliament

Form of order sought

The appellant claims that the Court should:

—set aside the judgment under appeal;

—take a decision itself on the case, resulting in a ruling that the action at first instance is well founded;

—order the defendant to pay all the costs of both sets of proceedings.

Pleas in law and main arguments

1.Error of law due to an erroneous interpretation of the criterion of doubt entitling the administration to intervene in the electoral process to elect the Bureau of the Staff Committee — Contradictory reasoning — Infringement of the right to freedom of association and assembly (Article 12 of the Charter of Fundamental Rights of the European Union) as reflected in the prohibition of any unjustified interference by the administration in that electoral process.

2.Incorrect classification of certain documents drawn up at the request of the defendant for the purposes of reviewing the electoral process — Breach by the Court of its obligation to state reasons.

3.Distortion of the file and erroneous interpretation of the rules applicable to the constituent meeting of the Staff Committee — Infringement of the rights of the defence.

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