27.9.2021

EN

Official Journal of the European Union

C 391/20

(Case T-440/21)

(2021/C 391/28)

Language of the case: English

Parties

Applicant: TM (represented by: L. Levi and A. Champetier, lawyers)

Defendant: European Central Bank

Form of order sought

The applicant claims that the Court should:

—annul the decision of the Executive Board of 15 December 2020 to appoint Ms P. for the position of Director General DG-IS instead of the Applicant;

—annul, if need be, the decision of the Executive Board, dated 11 May 2021, rejecting the Special Appeal submitted by the Applicant against the decision not to appoint him;

—compensate the Applicant for material damages suffered by the decision of 15 December 2020 with an amount of 73 679,47 euros;

—compensate the Applicant for moral prejudice with an amount of one symbolic euro.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.

1.First plea in law, alleging a manifest error of assessment and a violation of Article 8a (c) of the Conditions of employment, and of Articles 1a.1.1(b), 1a.2.1.1 and 1a.2.6.1 of the Staff Regulations; Violation of the vacancy notice; Breach of the interest of the service.

2.Second plea in law, alleging an illegality of the recruitment procedure 2020-2738- EXT due to a breach of Article 1a.3.1.2 § 4 of the Staff Rules and misuse of powers.

3.Third plea in law, alleging a breach of Articles 1a.2.7.9, 1a.2.7.10 and 1a.2.7.11 of the Staff Rules; Lack of motivation; Breach of the principle of good administration.