# C_2018013EN.01002001.xml

| 15.1.2018 | EN | Official Journal of the European Union | C 13/20 |
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15.1.2018

EN

Official Journal of the European Union

C 13/20

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Action brought on 13 October 2017 — Spinoit v Commission and Others

(Case T-711/17)

(2018/C 013/33)

Language of the case: French

Parties

Parties

Applicant: Bernard Spinoit (Charleroi, Belgium) (represented by: H. Hansen, lawyer)

Applicant:

Defendants: European Commission and European External Action Service

Defendants:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | declare the present application admissible and well-founded; |
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declare the present application admissible and well-founded;

accordingly,

| — | annul the undated decision signed electronically on 3 August 2017, entitled ‘Request for replacement of senior expert No 3 of contract ENPI/2016/381-920 SOFRECO “Technical assistance recruitment for the programme to support the implementation of the Association Agreement (P3A III)”’; |
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annul the undated decision signed electronically on 3 August 2017, entitled ‘Request for replacement of senior expert No 3 of contract ENPI/2016/381-920 SOFRECO “Technical assistance recruitment for the programme to support the implementation of the Association Agreement (P3A III)”’;

| — | declare that full compensation is necessary for the material and non-material damage caused to the claimant by the serious violation of the right to good administration consisting in the adoption of the undated decision signed electronically on 3 August 2017, entitled ‘Request for replacement of senior expert No 3 of contract ENPI/2016/381-920 SOFRECO “Technical assistance recruitment for the programme to support the implementation of the Association Agreement (P3A III)”’; |
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declare that full compensation is necessary for the material and non-material damage caused to the claimant by the serious violation of the right to good administration consisting in the adoption of the undated decision signed electronically on 3 August 2017, entitled ‘Request for replacement of senior expert No 3 of contract ENPI/2016/381-920 SOFRECO “Technical assistance recruitment for the programme to support the implementation of the Association Agreement (P3A III)”’;

| — | order the defendants jointly and severally to pay the applicant the amount of EUR 209 950,00 for material damage and the amount of 15 000,00 for non-material damage; |
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order the defendants jointly and severally to pay the applicant the amount of EUR 209 950,00 for material damage and the amount of 15 000,00 for non-material damage;

in any event,

| — | order the defendants to pay the entirety of the costs; |
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order the defendants to pay the entirety of the costs;

| — | reserve to the applicant all other rights, dues, pleas in law and actions. |
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reserve to the applicant all other rights, dues, pleas in law and actions.

Pleas in law and main arguments

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging infringement of essential procedural requirements, to the extent that, first, the applicant had not been heard prior to the adoption of the contested decision and had not had access to the file concerning him and, second, the reasoning contained in that decision did not allow the applicant to understand the facts alleged against him.

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