# C_2021422EN.01001901.xml

| 18.10.2021 | EN | Official Journal of the European Union | C 422/19 |
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18.10.2021

EN

Official Journal of the European Union

C 422/19

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Action brought on 3 August 2021 —  OE (*1) v Commission

(Case T-486/21)

(2021/C 422/26)

Language of the case: French

Parties

Applicant: OE (*1) (represented by: G. Hervet, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

principally:

| — | declare that Article 71 of the Staff Regulations, on which the decision of the Appointing Authority of 5 May 2021 is based, is unlawful; |
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declare that Article 71 of the Staff Regulations, on which the decision of the Appointing Authority of 5 May 2021 is based, is unlawful;

in the alternative:

| — | annul the decision of the Appointing Authority of 5 May 2021; |
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annul the decision of the Appointing Authority of 5 May 2021;

and consequently,

| — | order the European Commission to pay  OE (*1) the sum of EUR 51,89 by way of compensation for professional expenses; |
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order the European Commission to pay  OE (*1) the sum of EUR 51,89 by way of compensation for professional expenses;

| — | order the European Commission to provide to  OE (*1) an Internet plan for professional use by whatever means and for any telework situation that may arise; |
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order the European Commission to provide to  OE (*1) an Internet plan for professional use by whatever means and for any telework situation that may arise;

| — | order the European Commission to pay  OE (*1) the sum of EUR 10 000 euros in respect of the damage suffered; |
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order the European Commission to pay  OE (*1) the sum of EUR 10 000 euros in respect of the damage suffered;

| — | 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 three pleas in law.

| 1. | First plea in law, alleging, principally, that Article 71 of the Staff Regulations of Officials of the European Union (‘the Staff Regulations’) is unlawful and, in the alternative, that the decision of the Appointing Authority of 5 May 2021 should be annulled on the ground that that decision is incompatible with the case-law relating to Article 71 of the Staff Regulations. In support of that plea, the applicant further alleges breach of the duty to have regard for the welfare of officials and of the duty of sound administration, and that the decision of the Appointing Authority is discriminatory. |
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1.

First plea in law, alleging, principally, that Article 71 of the Staff Regulations of Officials of the European Union (‘the Staff Regulations’) is unlawful and, in the alternative, that the decision of the Appointing Authority of 5 May 2021 should be annulled on the ground that that decision is incompatible with the case-law relating to Article 71 of the Staff Regulations. In support of that plea, the applicant further alleges breach of the duty to have regard for the welfare of officials and of the duty of sound administration, and that the decision of the Appointing Authority is discriminatory.

| 2. | Second plea in law, in support of the application for an Internet plan for professional use, alleging infringement of Article 7 of the Charter of Fundamental Rights of the European Union. |
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2.

Second plea in law, in support of the application for an Internet plan for professional use, alleging infringement of Article 7 of the Charter of Fundamental Rights of the European Union.

| 3. | Third plea in law, in support of the claim for compensation for the damage suffered, alleging that the unlawfulness of the Commission’s conduct gives rise to non-contractual liability on the part of the European Union. |
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3.

Third plea in law, in support of the claim for compensation for the damage suffered, alleging that the unlawfulness of the Commission’s conduct gives rise to non-contractual liability on the part of the European Union.

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(*1)  Information erased or replaced within the framework of protection of personal data and/or confidentiality.

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