Notices for publication in the OJ nº T-756/18 of Tribunal General de la Unión Europea, February 22, 2019

• Resolution Date: February 22, 2019
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-756/18

Action brought on 28 December 2018 - AG v Europol

(Case T-756/18)

Language of the case: German

Parties

Applicant: AG (represented by: C. Abrar, lawyer)

Defendant: European Union Agency for Law Enforcement Cooperation

Form of order sought

The applicant claims that the Court should:

annul the defendant’s implied rejection of the applicant’s complaint of 2 July 2018;

order the defendant to issue to the applicant a duly reasoned and lawful decision on his claim for a share of the Europol Pension Fund; and

order the defendant to pay all of the costs of the proceedings.

Pleas in law and main arguments

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

First plea in law: general infringement of the obligation to state reasons

In the context of the first plea in law, the applicant submits that his request concerning (i) the transfer of an administrative act by which the defendant applied Decision (EU) 2015/1889 ¹ to the applicant and (ii) the statement of the reasons on which that administrative act is based together with an explanation as to why a significant part of the assets of the pension fund was distributed to the Member States, was implicitly rejected.

In that regard, it is claimed that the defendant failed to fulfil its duties in accordance with the principles of good European administrative practice and in accordance with Article 296 TFEU. The applicant also has an interest in bringing proceedings because only a reasoned decision on his rights to the Europol Pension Fund would enable him to assess the lawfulness of the allocation and the implementation of any further claims.

Second plea in law: collateral review of Decision (EU) 2015/1889

In the context of the second plea in law, it is submitted that the supposed basis of the decision not taken could also transpire in the course of...