# C_2021349EN.01004901.xml

| 30.8.2021 | EN | Official Journal of the European Union | C 349/49 |
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30.8.2021

EN

Official Journal of the European Union

C 349/49

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Action brought on 16 July 2021 — TK v Commission

(Case T-435/21)

(2021/C 349/65)

Language of the case: French

Parties

Applicant: TK (represented by: S. Orlandi, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

| — | annul the decision not to promote the applicant to grade AD 15 in the 2020 promotion exercise; |
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annul the decision not to promote the applicant to grade AD 15 in the 2020 promotion exercise;

| — | annul the decisions to promote to grade AD 15 the officials included on the list of officials promoted in the 2020 promotion exercise; |
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annul the decisions to promote to grade AD 15 the officials included on the list of officials promoted in the 2020 promotion exercise;

| — | order the European Commission to pay the costs. |
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order the European Commission to pay the costs.

Pleas in law and main arguments

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

| 1. | First plea in law, alleging infringement of the obligation to state reasons, of Article 45 of the Staff Regulations of Officials of the European Union and of the principle of equal treatment. The applicant also raises a plea of illegality of Commission Decision SEC(2007) 605 of 10 May 2007 on the principles and procedures applicable to the promotion of senior management staff, on the ground, inter alia, that it does not provide for appeals to be dealt with by a body other than the Advisory Committee for the Promotion of Senior Management Staff. Furthermore, the applicant submits that that committee should have the possibility of upholding an appeal without being limited by the promotion quotas which are exhausted when the list of promoted officials is drawn up. |
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1.

First plea in law, alleging infringement of the obligation to state reasons, of Article 45 of the Staff Regulations of Officials of the European Union and of the principle of equal treatment. The applicant also raises a plea of illegality of Commission Decision SEC(2007) 605 of 10 May 2007 on the principles and procedures applicable to the promotion of senior management staff, on the ground, inter alia, that it does not provide for appeals to be dealt with by a body other than the Advisory Committee for the Promotion of Senior Management Staff. Furthermore, the applicant submits that that committee should have the possibility of upholding an appeal without being limited by the promotion quotas which are exhausted when the list of promoted officials is drawn up.

| 2. | Second plea in law, alleging manifest error of assessment. The applicant puts forward in that regard a body of objective evidence relating in particular to seniority and merit points and considers that that body of evidence proves that the contested decision is unfounded. |
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2.

Second plea in law, alleging manifest error of assessment. The applicant puts forward in that regard a body of objective evidence relating in particular to seniority and merit points and considers that that body of evidence proves that the contested decision is unfounded.

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