# C_2017006EN.01004201.xml

| 9.1.2017 | EN | Official Journal of the European Union | C 6/42 |
| --- | --- | --- | --- |

9.1.2017

EN

Official Journal of the European Union

C 6/42

---

Action brought on 28 October 2016 — FV v Council

(Case T-750/16)

(2017/C 006/52)

Language of the case: French

Parties

Parties

Applicant: FV (Rhode-St-Genèse, Belgium) (represented by: L. Levi and A. Tymen, lawyers)

Applicant:

Defendant: Council of the European Union

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | declare the present action to be admissible and well-founded; |
| --- | --- |

—

declare the present action to be admissible and well-founded;

consequently:

| — | annul the decision of 8 December 2015, taken on the basis of Article 42c of the Staff Regulations; |
| --- | --- |

—

annul the decision of 8 December 2015, taken on the basis of Article 42c of the Staff Regulations;

| — | annul, as necessary, the decision of 19 July 2016 rejecting the applicant's complaint of 8 March 2016; |
| --- | --- |

—

annul, as necessary, the decision of 19 July 2016 rejecting the applicant's complaint of 8 March 2016;

| — | order the defendant to pay damages of EUR 151 101 subject to increase, as compensation for the pecuniary damage suffered by the applicant; |
| --- | --- |

—

order the defendant to pay damages of EUR 151 101 subject to increase, as compensation for the pecuniary damage suffered by the applicant;

| — | order the defendant to pay damages, set ex aequo et bono at EUR 70 000, as compensation for the non-pecuniary damage suffered by the applicant; |
| --- | --- |

—

order the defendant to pay damages, set ex aequo et bono at EUR 70 000, as compensation for the non-pecuniary damage suffered by the applicant;

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

—

order the defendant to pay all of the costs.

Pleas in law and main arguments

Pleas in law and main arguments

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

| 1. | First plea in law, alleging a plea of illegality directed against Article 42c of the Staff Regulations of Officials of the European Union, infringement of Articles 20 and 21 of the Charter of Fundamental Rights of the European Union, infringement of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16), and infringement of Article 1d of the Staff Regulations. |
| --- | --- |

1.

First plea in law, alleging a plea of illegality directed against Article 42c of the Staff Regulations of Officials of the European Union, infringement of Articles 20 and 21 of the Charter of Fundamental Rights of the European Union, infringement of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16), and infringement of Article 1d of the Staff Regulations.

| 2. | Second plea in law, alleging infringement of Article 42c of the Staff Regulations, infringement of the Communication to Staff No 71/15 to provide information on the implementation of Article 42c of the Staff Regulations, and manifest inaccuracies and irregularities in fact and in law of the grounds which would have led to the applicant’s compulsory leave; |
| --- | --- |

2.

Second plea in law, alleging infringement of Article 42c of the Staff Regulations, infringement of the Communication to Staff No 71/15 to provide information on the implementation of Article 42c of the Staff Regulations, and manifest inaccuracies and irregularities in fact and in law of the grounds which would have led to the applicant’s compulsory leave;

| 3. | Third plea in law, alleging infringement of the right to be heard and of the rights of the defence; |
| --- | --- |

3.

Third plea in law, alleging infringement of the right to be heard and of the rights of the defence;

| 4. | Fourth plea in law, alleging infringement of the duty of care; |
| --- | --- |

4.

Fourth plea in law, alleging infringement of the duty of care;

| 5. | Fifth plea in law, alleging misuse of powers. |
| --- | --- |

5.

Fifth plea in law, alleging misuse of powers.

---