# C_2017347EN.01004002.xml

| 16.10.2017 | EN | Official Journal of the European Union | C 347/40 |
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16.10.2017

EN

Official Journal of the European Union

C 347/40

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Action brought on 11 August 2017 — De Loecker v EEAS

(Case T-537/17)

(2017/C 347/53)

Language of the case: French

Parties

Parties

Applicant: Stéphane De Loecker (Brussels, Belgium) (represented by: J.-N. Louis and N. de Montigny, lawyers)

Applicant:

Defendant: European External Action Service

Defendant:

Form of order sought

Form of order sought

| — | Declare and order that






  — | the decision of 10 October 2016 by which the European External Action Service requested the request for assistance under Articles 12a and 24 of the Staff Regulations of Officials of the European Union made by Mr De Loecker is annulled; |
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Declare and order that

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the decision of 10 October 2016 by which the European External Action Service requested the request for assistance under Articles 12a and 24 of the Staff Regulations of Officials of the European Union made by Mr De Loecker is annulled;

| — | the European External Action Service shall pay the applicant the sum of EUR 250 000 as compensation for the non-pecuniary harm suffered; |
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the European External Action Service shall pay the applicant the sum of EUR 250 000 as compensation for the non-pecuniary harm suffered;

| — | the European External Action Service shall bear its own costs and pay the costs incurred by the applicant. |
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the European External Action Service shall bear its own costs and pay the costs incurred by the applicant.

Pleas in law and main arguments

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 Article 266 TFEU, in that the defendant, by adopting the decision of 10 October 2016 by which it rejected the request for assistance made by the applicant (‘the contested decision’) disregarded the grounds of the judgment of the Civil Service Tribunal of 16 December 2015, De Loecker v EEAS (F-34/15, EU:F:2015:153). The applicant is also of the opinion that the defendant disregarded the procedure implemented by the Commission Investigating and Disciplinary Office (IDOC) following the judgment of 14 February 2017, Kerstens v Commission (T-270/16, not published, EU:T:2017:74). |
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1.

First plea in law, alleging infringement of Article 266 TFEU, in that the defendant, by adopting the decision of 10 October 2016 by which it rejected the request for assistance made by the applicant (‘the contested decision’) disregarded the grounds of the judgment of the Civil Service Tribunal of 16 December 2015, De Loecker v EEAS (F-34/15, EU:F:2015:153). The applicant is also of the opinion that the defendant disregarded the procedure implemented by the Commission Investigating and Disciplinary Office (IDOC) following the judgment of 14 February 2017, Kerstens v Commission (T-270/16, not published, EU:T:2017:74).

De Loecker

EEAS

Kerstens

Commission

| 2. | Second plea in law, alleging infringement of the rights of the defence and, more particularly, infringement of the right to be heard and of the right of access to the file flowing from Article 41 of the Charter of Fundamental Rights of the European Union. |
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2.

Second plea in law, alleging infringement of the rights of the defence and, more particularly, infringement of the right to be heard and of the right of access to the file flowing from Article 41 of the Charter of Fundamental Rights of the European Union.

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