# C_2017213EN.01003401.xml

| 3.7.2017 | EN | Official Journal of the European Union | C 213/34 |
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3.7.2017

EN

Official Journal of the European Union

C 213/34

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Action brought on 2 May 2017 — Labiri v EESC

(Case T-256/17)

(2017/C 213/46)

Language of the case: French

Parties

Parties

Applicant: Vassiliki Labiri (Brussels, Belgium) (represented by: J.-N. Louis and N. de Montigny, lawyers)

Applicant:

Defendant: European Economic and Social Committee (EESC)

Defendant:

Form of order sought

Form of order sought

Declare and rule that,

| — | the decision of the EESC not to perform in good faith point 3 of the amicable settlement agreement reached between the parties is annulled; |
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the decision of the EESC not to perform in good faith point 3 of the amicable settlement agreement reached between the parties is annulled;

| — | the EESC shall pay the applicant the sum of EUR 250 000; |
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the EESC shall pay the applicant the sum of EUR 250 000;

| — | the defendant shall pay the costs. |
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the defendant shall pay the costs.

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, insofar as the contested decision, according to which it is impossible for the defendant to execute an agreement made as part of an amicable settlement in Case F-33/15, Labiri v EESC, constitutes a failure to execute a decision of the Court of Justice of the European Union. Such an unlawful failure to execute the agreement thus reached constitutes, moreover, an infringement of the duty of care to the applicant, the duty to cooperate in good faith provided for in Article 4(3) TEU, the [principle] of performance in good faith of agreements freely entered into between parties and the principle of sound administration and the duty of assistance flowing from Article 24 of the Staff Regulations of Officials. |
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1.

First plea in law, alleging infringement of Article 266 TFEU, insofar as the contested decision, according to which it is impossible for the defendant to execute an agreement made as part of an amicable settlement in Case F-33/15, Labiri v EESC, constitutes a failure to execute a decision of the Court of Justice of the European Union. Such an unlawful failure to execute the agreement thus reached constitutes, moreover, an infringement of the duty of care to the applicant, the duty to cooperate in good faith provided for in Article 4(3) TEU, the [principle] of performance in good faith of agreements freely entered into between parties and the principle of sound administration and the duty of assistance flowing from Article 24 of the Staff Regulations of Officials.

Labiri

EESC

| 2. | Second plea in law, alleging a misuse of powers, consisting more specifically of an abuse of process, insofar as the defendant never intended to perform in good faith the agreement reached between the parties and signed that agreement only in order to achieve the discontinuance of Case F-33/15. |
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2.

Second plea in law, alleging a misuse of powers, consisting more specifically of an abuse of process, insofar as the defendant never intended to perform in good faith the agreement reached between the parties and signed that agreement only in order to achieve the discontinuance of Case F-33/15.

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