# C_2022237EN.01005502.xml

| 20.6.2022 | EN | Official Journal of the European Union | C 237/55 |
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20.6.2022

EN

Official Journal of the European Union

C 237/55

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Action brought on 18 January 2022 — XH v Commission

(Case T-522/21)

(2022/C 237/72)

Language of the case: English

Parties

Applicant: XH (represented by: K. Górny-Salwarowska, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

| — | annul decision D/386/20 of 24 November 2020 concerning the refusal to rectify the applicant’s Sysper 2 file, upheld by decision No. R/125/21 issued by the Appointing Authority on 16 June 2021 in response to the complaint filed by the applicant on 22 February 2021; |
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annul decision D/386/20 of 24 November 2020 concerning the refusal to rectify the applicant’s Sysper 2 file, upheld by decision No. R/125/21 issued by the Appointing Authority on 16 June 2021 in response to the complaint filed by the applicant on 22 February 2021;

| — | annul decision of 12 November 2020 (IA no 32-2020) concerning non-inclusion of the applicant’s name in the list of the promoted officials in 2020, upheld by decision No. R/80/21 issued by the Appointing Authority on 8 June 2021 in response to the complaint filed by the applicant on 5 February 2021; |
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annul decision of 12 November 2020 (IA no 32-2020) concerning non-inclusion of the applicant’s name in the list of the promoted officials in 2020, upheld by decision No. R/80/21 issued by the Appointing Authority on 8 June 2021 in response to the complaint filed by the applicant on 5 February 2021;

| — | compensate the loss and damages of the applicant; (1) |
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compensate the loss and damages of the applicant; (1)

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

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 an error of law and the irregularity of the contested promotion procedures: the violation of GIP 45 Decision C(2013)8968 laying down general provisions implementing Article 45 of the Staff Regulations; the violation of Article 45(1) of the Staff Regulations in the light of Article 7 of the Charter of Fundamental Rights of the European Union, and the absence of actual comparison of the merits. |
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1.

First plea in law, alleging an error of law and the irregularity of the contested promotion procedures: the violation of GIP 45 Decision C(2013)8968 laying down general provisions implementing Article 45 of the Staff Regulations; the violation of Article 45(1) of the Staff Regulations in the light of Article 7 of the Charter of Fundamental Rights of the European Union, and the absence of actual comparison of the merits.

| 2. | Second plea in law, alleging a manifest error of assessment in applying the promotion criteria provided for in Article 45 of the Staff Regulations, in the light of Article 7 of the Charter of Fundamental Rights of the European Union. |
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2.

Second plea in law, alleging a manifest error of assessment in applying the promotion criteria provided for in Article 45 of the Staff Regulations, in the light of Article 7 of the Charter of Fundamental Rights of the European Union.

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(1)  Two specific amounts of damages are claimed in the application, namely EUR 25 000 for non-material loss and EUR 50 000 in respect of the applicant’s alleged material damage.

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