# C_2020279EN.01004301.xml

| 24.8.2020 | EN | Official Journal of the European Union | C 279/43 |
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24.8.2020

EN

Official Journal of the European Union

C 279/43

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Action brought on 18 June 2020 — KN v EESC

(Case T-377/20)

(2020/C 279/57)

Language of the case: French

Parties

Applicant: KN (represented by: M. Casado García-Hirschfeld and M. Aboudi, lawyers)

Defendant: European Economic and Social Committee

Form of order sought

The applicant claims that the Court should:

| — | declare the present application admissible; |
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declare the present application admissible;

| — | annul the contested decision of 9 June 2020, notified on 17 June 2020; |
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annul the contested decision of 9 June 2020, notified on 17 June 2020;

| — | order the payment of compensation for non-material damage, amounting to the sum of EUR 200 000, and compensation for material damage, estimated in the amount of EUR 50 000; |
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order the payment of compensation for non-material damage, amounting to the sum of EUR 200 000, and compensation for material damage, estimated in the amount of EUR 50 000;

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

Pleas in law and main arguments

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

| 1. | First plea in law, alleging infringement of procedural rights and of the fundamental rights to good administration and to be heard as well as infringement of the principle of proportionality. |
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1.

First plea in law, alleging infringement of procedural rights and of the fundamental rights to good administration and to be heard as well as infringement of the principle of proportionality.

| 2. | Second plea in law, alleging infringement of the principle of presumption of innocence and of the principle of impartiality. |
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2.

Second plea in law, alleging infringement of the principle of presumption of innocence and of the principle of impartiality.

| 3. | Third plea in law, alleging infringement of the principle of legal certainty, in accordance with the maxim ‘nulla poena sine lege’, and of the principle of non-retroactivity. |
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3.

Third plea in law, alleging infringement of the principle of legal certainty, in accordance with the maxim ‘nulla poena sine lege’, and of the principle of non-retroactivity.

| 4. | Fourth plea in law, alleging infringement of the principle of confidentiality of disciplinary proceedings and judicial investigations as well as an apparent infringement of the guarantees provided under Regulation (EU) No 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ 2018 L 295, p. 39). |
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4.

Fourth plea in law, alleging infringement of the principle of confidentiality of disciplinary proceedings and judicial investigations as well as an apparent infringement of the guarantees provided under Regulation (EU) No 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ 2018 L 295, p. 39).

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