# C_2023179EN.01005801.xml

| 22.5.2023 | EN | Official Journal of the European Union | C 179/58 |
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22.5.2023

EN

Official Journal of the European Union

C 179/58

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Action brought on 28 February 2023 — VB v BCE

(Case T-124/23)

(2023/C 179/83)

Language of the case: English

Parties

Applicant: VB (represented by: L. Levi and A. Champetier, lawyers)

Defendant: European Central Bank

Form of order sought

The applicant claims that the Court should:

| — | annul the decision of 4 April 2022 informing him that he will not receive the subsistence allowance; |
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annul the decision of 4 April 2022 informing him that he will not receive the subsistence allowance;

| — | annul, if need be, the decision of 2 August 2022, rejecting his administrative review submitted on 2 June 2022 against the aforementioned decision refusing him the benefit of the subsistence allowance; |
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annul, if need be, the decision of 2 August 2022, rejecting his administrative review submitted on 2 June 2022 against the aforementioned decision refusing him the benefit of the subsistence allowance;

| — | annul, if need be, the decision of 19 December 2022, rejecting his grievance procedure submitted on 30 September 2022; |
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annul, if need be, the decision of 19 December 2022, rejecting his grievance procedure submitted on 30 September 2022;

| — | order the payment of the sum of EUR 9 270 (i.e. subsistence allowance for the 3-month period), increased by interest calculated at the relevant interest rate (‘interest rate on the main refinancing operations’) of the European Central Bank + two percentage points, for the period between 1 April 2022 and the date of effective payment of the claimed amount; |
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order the payment of the sum of EUR 9 270 (i.e. subsistence allowance for the 3-month period), increased by interest calculated at the relevant interest rate (‘interest rate on the main refinancing operations’) of the European Central Bank + two percentage points, for the period between 1 April 2022 and the date of effective payment of the claimed amount;

| — | compensate the applicant’s moral damages suffered with the symbolic amount of EUR 1; |
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compensate the applicant’s moral damages suffered with the symbolic amount of EUR 1;

| — | order the defendant to reimburse the legal costs borne by the applicant. |
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order the defendant to reimburse the legal costs borne by the applicant.

Pleas in law and main arguments

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

| 1. | First plea in law, alleging the breach of Articles 4.1.1 and 4.5.1 of the ECB Staff Rules and the breach of the principles of legal certainty and lack of retroactive effect. |
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1.

First plea in law, alleging the breach of Articles 4.1.1 and 4.5.1 of the ECB Staff Rules and the breach of the principles of legal certainty and lack of retroactive effect.

| 2. | Second plea in law, alleging the breach of the principle of legitimate expectations. |
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2.

Second plea in law, alleging the breach of the principle of legitimate expectations.

| 3. | Third plea in law, alleging the breach of the duty of care. |
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3.

Third plea in law, alleging the breach of the duty of care.

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