# C_2023252EN.01001902.xml

| 17.7.2023 | EN | Official Journal of the European Union | C 252/19 |
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17.7.2023

EN

Official Journal of the European Union

C 252/19

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Appeal brought on 4 April 2023 by NS against the judgment of the General Court (Tenth Chamber) delivered on 25 January 2023 in Case T-805/21, NS v Parliament

(Case C-218/23 P)

(2023/C 252/22)

Language of the case: French

Parties

Appellant: NS (represented by: L. Levi, avocate)

Other party to the proceedings: European Parliament

Form of order sought

The appellant claims that the Court should:

| — | declare the present appeal admissible and founded; |
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declare the present appeal admissible and founded;

| — | set aside the judgment of the General Court of 25 January 2023 in Case T-805/21; |
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set aside the judgment of the General Court of 25 January 2023 in Case T-805/21;

| — | consequently, grant the appellant the relief sought at first instance, and, therefore:






  — | annul the decision of 21 January 2021 reassigning the appellant to the post of Adviser in the Directorate-General for the Presidency and, to the extent necessary, the decision of 8 March 2021 to recover the overpayment; |
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consequently, grant the appellant the relief sought at first instance, and, therefore:

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annul the decision of 21 January 2021 reassigning the appellant to the post of Adviser in the Directorate-General for the Presidency and, to the extent necessary, the decision of 8 March 2021 to recover the overpayment;

| — | in so far as necessary, annul the decision of 16 September 2021 rejecting the appellant’s claim of 7 April 2021; |
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in so far as necessary, annul the decision of 16 September 2021 rejecting the appellant’s claim of 7 April 2021;

| — | make good the appellant’s material and non-material damage; |
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make good the appellant’s material and non-material damage;

| — | order the respondent to pay in full the costs of both sets of proceedings. |
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order the respondent to pay in full the costs of both sets of proceedings.

Grounds of appeal and main arguments

In support of her appeal, the appellant relies on the following grounds;

| 1. | The judgment under appeal fails to have regard to the concept of law giving the opportunity to be heard, makes incorrect legal characterisations and distorts the documents before the Court. The General Court failed to have regard to its obligation to state reasons. |
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1.

The judgment under appeal fails to have regard to the concept of law giving the opportunity to be heard, makes incorrect legal characterisations and distorts the documents before the Court. The General Court failed to have regard to its obligation to state reasons.

| 2. | The judgment under appeal fails to have regard to the obligation to state reasons. |
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2.

The judgment under appeal fails to have regard to the obligation to state reasons.

| 3. | The judgment under appeal fails to comply with the duty to have regard for the welfare of officials. |
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3.

The judgment under appeal fails to comply with the duty to have regard for the welfare of officials.

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