Case T-272/19: Action brought on 25 April 2019 — TO v EEAS
Date: 2019-04-25
Institutions: General Court
Subjects: damages, data protection, equal treatment, indemnification, personal data, principle of proportionality, professional qualifications, psychological harassment, servant (EU), staff regulations (EU)








C_2019213EN.01006701.xml










24.6.2019   


EN


Official Journal of the European Union


C 213/67






Action brought on 25 April 2019 — TO v EEAS
(Case T-272/19)
(2019/C 213/65)
Language of the case: French

Parties


Applicant: TO (represented by: G. Generet, lawyer)

Defendant: European External Action Service

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the AECE of the EEAS of 15 June 2018 finding that the applicant does not fulfil all the conditions of employment provided for in Article 82 of the CEOS and cannot be engaged as an Article 3b contract staff member in the EEAS;










—


Annul the decision of the AECE of the EEAS of 14 January 2019 rejecting the complaint lodged by the applicant on 14 September 2018;










—


Order the EEAS to pay the applicant compensation assessed at EUR 36 992.52 corresponding to one year’s remuneration under a CA FG II contract in accordance with the salary scale in force from 1 November 2017, subject to more precise calculation during the proceedings;










—


Order the EEAS to calculate the loss in terms of pension entitlement resulting from the applicant not being recruited;










—


Order the EEAS to pay the applicant compensation of EUR 15 000 by way of compensation for non-material damage resulting from the harm to her dignity and professional reputation;










—


Order the EEAS to pay the applicant compensation of EUR 15 000 by way of compensation for non-material damage resulting from the harm to her health and well-being;










—


Order the EEAS to pay the applicant compensation of EUR 15 000 by way of compensation for non-material damage resulting from the infringement by the EEAS of Regulation No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data;










—


Order the EEAS to pay the applicant compensation of EUR 10 000 by way of compensation for non-material damage resulting from breach of medical confidentiality and the confidential nature of personal data in the applicant’s medical file;










—


Order the EEAS to pay the applicant compensation of EUR 15 000 by way of compensation for non-material damage resulting from slander and/or defamation in respect of the applicant;










—


Order the EEAS to pay all the costs.





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 the second paragraph of Article 33 of the Staff Regulations of Officials of the European Union and Articles 82 and 83 of the Conditions of Employment of Other Servants of the European Union, the principles of proportionality and the right to be heard, the right to good administration and the duty of care, the principle of non-discrimination and the right to be treated fairly and impartially and the prohibition of psychological harassment.










2.


Second plea in law, alleging infringement of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ 2001 L 8, p. 1) and of Article 8 of the Charter of Fundamental Rights of the European Union.