Notices for publication in the OJ nº T-167/17 of The General Court, April 21, 2017

• Resolution Date: April 21, 2017
• Issuing Organization: The General Court
• Decision Number: T-167/17

Action brought on 16 March 2017 - RV v Commission

(Case T-167/17)

Language of the case: French

Parties

Applicant: RV (represented by: J.-N. Louis and N. De Montigny, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

annul the decision of 21 December 2016 of the Director-General of the Directorate-General for Human Resources to place the applicant on leave in the interests of the service and to retire the applicant automatically with effect from 1 April 2017, pursuant to the fifth paragraph of Article 42c of the Staff Regulations;

order the defendant to pay the costs.

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 infringement of essential procedural requirements and that an unrestricted delegation of the powers of the appointing authority to apply Article 42c of the Staff Regulations is unlawful. It is also alleged that there has been infringement of the principles of equal treatment and non-discrimination.

2. Second plea in law, alleging that Article 42c of the Staff Regulations is unlawful, in so far as it disregards the recitals of Regulation (EU, Euratom) No 1023/2013...