Notices for publication in the OJ nº T-542/19 of Tribunal General de la Unión Europea, September 20, 2019

Resolution DateSeptember 20, 2019
Issuing OrganizationTribunal General de la Unión Europea
Decision NumberT-542/19

Action brought on 5 August 2019 - FV v Council

(Case T-542/19)

Language of the case: French

Parties

Applicant: FV (represented by: É. Boigelot, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

declare the action admissible and well founded, and consequently;

annul the decision of 3 May 2019, notified to the applicant on 6 May 2019 by Mr [X], Senior Legal Counsellor at the Council, and taken by Mr [Y] in his capacity as appointing authority and under which ‘1. the applicant, born on 25 March 1956 [confidential], 1 official in Grade AST 7, is placed on leave in the interests of the service pursuant to Article 42c of the Staff Regulations and is entitled to the pecuniary benefits provided for therein. 2. This decision shall take effect on 31 December 2015.’;

order the Council to pay, by way of compensation for material harm and damage to the applicant’s career, subject to an increase or reduction in that amount in the course of the proceedings, EUR 151 101.72’;

order the Council to pay, by way of compensation for non-material harm and damage to the applicant’s reputation, subject to an increase or reduction in that amount in the course of the proceedings, EUR 70 000;

in any event, order the defendant to pay all the costs, in accordance with Article 134(1) of the Rules of Procedure of the General Court of the European Union.

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 Article 266 TFEU and of fundamental and general principles of EU law, including, inter alia, protection of legitimate expectations, the principles of sound administration, good faith, legal certainty and observance of the principle of proportionality.

    In that regard, the applicant considers that the appointing authority has clearly not correctly applied and interpreted the abovementioned provisions and principles by not taking the necessary measures to give effect to the judgment given in proceedings for annulment by the General Court of the European Union on 14 December 2018, FV v Council (T-750/16, EU:T:2018:972). She also considers that the appointing authority infringed the principle which requires the administration to adopt a decision which is not disproportionate, that is to say, which is necessary in order to attain the objectives pursued, which entails that the content and form of the decision...

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