# C_2013189EN.01001001.xml

| 29.6.2013 | EN | Official Journal of the European Union | C 189/10 |
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29.6.2013

EN

Official Journal of the European Union

C 189/10

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Appeal brought on 25 April 2013 by Kalliopi Nikolaou against the judgment delivered by the General Court (Second Chamber) on 20 February 2013 in Case T-241/09 Nikolaou v Court of Auditors of the European Union

(Case C-220/13 P)

2013/C 189/19

Language of the case: Greek

Parties

Parties

Appellant: Kalliopi Nikolaou (represented by: V. Khristianos, dikigoros)

Appellant:

Other party to the proceedings: Court of Auditors of the European Union

Other party to the proceedings:

Form of order sought

Form of order sought

| — | set aside the judgment of the General Court of 20 February 2013 in Case T-241/09 and refer the case back to the General Court for judgment; |
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set aside the judgment of the General Court of 20 February 2013 in Case T-241/09 and refer the case back to the General Court for judgment;

| — | order the defendant to pay the costs. |
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order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

| 1. | The appellant submits that the judgment of the General Court of 20 February 2013 contains legal rulings which clearly infringe rules of European Union law and she challenges them by means of an appeal. |
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1.

The appellant submits that the judgment of the General Court of 20 February 2013 contains legal rulings which clearly infringe rules of European Union law and she challenges them by means of an appeal.

| 2. | According to the appellant, the judgment under appeal must be set aside because of infringement of fundamental rights and principles of European Union law, incorrect interpretation and application of European Union law, and the exceeding of jurisdiction (competence).
  Specifically, the grounds of appeal are as follows:






  — | First, infringement of the presumption of innocence. |
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2.

According to the appellant, the judgment under appeal must be set aside because of infringement of fundamental rights and principles of European Union law, incorrect interpretation and application of European Union law, and the exceeding of jurisdiction (competence).

Specifically, the grounds of appeal are as follows:

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First, infringement of the presumption of innocence.

| — | Second, infringement of the principle requiring cooperation in good faith with the Tribunal d’arrondissement, Luxembourg, pursuant to Article 4(3) TEU. |
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Second, infringement of the principle requiring cooperation in good faith with the Tribunal d’arrondissement, Luxembourg, pursuant to Article 4(3) TEU.

| — | Third, exceeding of jurisdiction. |
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Third, exceeding of jurisdiction.

| — | Fourth, incorrect interpretation and application of European Union law as regards the conditions for non-contractual liability and as regards Decision 99/50 of the Court of Auditors. |
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Fourth, incorrect interpretation and application of European Union law as regards the conditions for non-contractual liability and as regards Decision 99/50 of the Court of Auditors.

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