# C_2015371EN.01004401.xml

| 9.11.2015 | EN | Official Journal of the European Union | C 371/44 |
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9.11.2015

EN

Official Journal of the European Union

C 371/44

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Appeal brought on 16 September 2015 by Fernando De Esteban Alonso against the order of the Civil Service Tribunal of 15 July 2015 in Case F-35/15, De Esteban Alonso v Commission

(Case T-557/15 P)

(2015/C 371/45)

Language of the case: French

Parties

Parties

Appellant: Fernando De Esteban Alonso (Saint-Martin-de-Seignanx, France) (represented by: C. Huglo, lawyer)

Appellant:

Other party to the proceedings: European Commission

Other party to the proceedings:

Form of order sought by the appellant

Form of order sought by the appellant

The appellant claims that the Court should:

| — | set aside order F-35/15 of 15 July 2015, by which the President of the European Union Civil Service Tribunal dismissed his application; |
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set aside order F-35/15 of 15 July 2015, by which the President of the European Union Civil Service Tribunal dismissed his application;

| — | set aside the decision of the Appointing Authority of 21 November 2014, received on 3 December 2014, rejecting Complaint No R/865/14 brought by the appellant on 5 August 2014; |
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set aside the decision of the Appointing Authority of 21 November 2014, received on 3 December 2014, rejecting Complaint No R/865/14 brought by the appellant on 5 August 2014;

| — | order the European Commission to pay the sum of EUR 17  242,51, adjusted to the sum of EUR 24  242,51 on the date of the appeal; |
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order the European Commission to pay the sum of EUR 17  242,51, adjusted to the sum of EUR 24  242,51 on the date of the appeal;

| — | order the European Commission to pay the sum of EUR 3  000 in respect of the non-recoverable costs, to be adjusted if necessary, and to pay all the costs. |
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order the European Commission to pay the sum of EUR 3  000 in respect of the non-recoverable costs, to be adjusted if necessary, and to pay all the costs.

Pleas in law and main arguments

Pleas in law and main arguments

In support of the appeal, the appellant relies on three pleas in law.

| 1. | First plea in law, alleging a denial of justice, in that the Civil Service Tribunal (‘the CST’) gave its decision by means of an order, without permitting a fresh exchange of pleadings or a public hearing. |
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1.

First plea in law, alleging a denial of justice, in that the Civil Service Tribunal (‘the CST’) gave its decision by means of an order, without permitting a fresh exchange of pleadings or a public hearing.

| 2. | Second plea in law, alleging an infringement of the principle of audi alteram partem and of the rights of defence, in that the CST gave its decision by means of an order, without permitting a fresh exchange of pleadings or a public hearing. |
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2.

Second plea in law, alleging an infringement of the principle of audi alteram partem and of the rights of defence, in that the CST gave its decision by means of an order, without permitting a fresh exchange of pleadings or a public hearing.

audi alteram partem

| 3. | Third plea in law, alleging an error of law, in that the CST added a new condition to the conditions laid down for institutional assistance by Article 24 of the Staff Regulations of Officials of the European Union. |
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3.

Third plea in law, alleging an error of law, in that the CST added a new condition to the conditions laid down for institutional assistance by Article 24 of the Staff Regulations of Officials of the European Union.

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