Case T-100/21: Action brought on 16 February 2021 — Sánchez-Gavito León v Council and Commission
Date: 2021-02-16
Institutions: General Court
Subjects: EU financing, cotton, damages, fundamental rights, indemnification, interest, international organisation, legal expenses, operation of the Institutions, right to justice








C_2021182EN.01005701.xml










10.5.2021   


EN


Official Journal of the European Union


C 182/57






Action brought on 16 February 2021 — Sánchez-Gavito León v Council and Commission
(Case T-100/21)
(2021/C 182/77)
Language of the case: English

Parties


Applicant: Maria del Carmen Sánchez-Gavito León (Reston, Virginia, United States) (represented by: M. Veissiere, lawyer)

Defendants: Council of the European Union, European Commission

Form of order sought

The applicant claims that the Court should:






—


declare unlawful the failure to act of the defendants;










—


order the EU represented by the defendants, as a member of the International Cotton Advisory Committee (ICAC), to take actions against the Executive Director of the ICAC for misconduct;










—


order the immediate suspension of the EU’s financial contribution to the ICAC until the ICAC respects the human rights as protected by the EU Treaties;










—


order the EU represented by the Commission and the Council to pay her by way of compensation for moral damages the amount of €300 000,00;










—


order the EU represented by the Commission and Council to paid her by way of compensation for loss of employment, opportunity and damage to her career: US$103 542,92 (at the current exchange rate in Euro) equivalent to one year and half of salary based on her last salary slip at the ICAC (US$69 055,28);










—


order the EU represented by the Commission and Council to paid her by way of compensation for material damages: US$19 368,13 (at the current exchange rate in Euro) with a payment of interest at the current legal rate per annum (since June 2019);










—


order the EU to pay the costs, including but not limited to legal costs as per attorney invoice(s).





Pleas in law and main arguments

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






1.


First plea in law, alleging that the Commission and Council have failed to adopt any measure, and that in their inaction they have cause severe moral and material damages to the applicant who was deprived of any access to justice, and breached her right to dignity and safe work environment.










2.


Second plea in law, alleging that the defendants have an obligation to act pursuant to the treaties of the EU, in particular under Article 207 TFEU, the ground on which the European Union acceded to the ICAC, which provides that the common commercial policy shall be conducted in the context of the principles and objectives of the Union’s external action. The Commission has an obligation under Articles 314 and 317 TFEU and must comply with the interests, values and principles pursuant to Article 3 TEU and the Charter.










3.


Third plea in law, alleging that by their inaction, the Commission and the Council breached the applicant’s fundamental rights, such as the right of access to justice and the right to a safe working environment.