Case T-452/24: Action brought on 29 August 2024 – DR v EIOPA
Date: 2024-08-29
Institutions: General Court
Subjects: European official, damages, data protection, data-processing law, disciplinary proceedings, indemnification, personal data, staff regulations (EU), termination of employment








C_202406108EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/6108


21.10.2024






Action brought on 29 August 2024 – DR v EIOPA


(Case T-452/24)

(C/2024/6108)
Language of the case: English

Parties


Applicant: DR (represented by: N. Flandin, lawyer)

Defendant: European Insurance and Occupational Pensions Authority

Form of order sought

The applicant claims that the Court should:






—


annul the decision of EIOPA of 31 October 2023 rejecting the applicant’s Article 90(1) request for financial compensation for the damages he has suffered due to EIOPA’s illegal conduct;










—


together with, and in so far as necessary, annul the decision of EIOPA rejecting the Article 90(2) complaint filed by the applicant against the contested decision;










—


order the compensation of the material and non-material damage suffered by the applicant;










—


order the defendant to pay all the costs.





Pleas in law and main arguments

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






1.


As regard admissibility, the applicant considers that the present claim is admissible for the following reasons:






—


The request for financial compensation due to EIOPA’s illegalities filed on 2 July 2023 is an Article 90(1) Staff Regulations and not an Article 90(2) Staff Regulations complaint.










—


The Article 90(1) requests and Article 90(2) complaints filed by the applicant after the EIOPA decision of 2 June 2020 rejecting the complaint of 3 February 2020 against the EIOPA decision terminating the applicant’s contract, are different, in terms of object and content, from the Article 90(1) request made in the present claim.














2.


As regards the merits, the applicant claims that the defendant has committed several illegalities and, in particular, that EIOPA’s conduct during the recruitment of the applicant, during the ethics checks in 2018 and 2019 and during the administrative enquiry is flawed by:






—


a violation of Article 11 of the Staff Regulations;










—


a violation of the principles of good administration and due diligence;










—


a violation of Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018; (1) and










—


insufficient motivation.














3.


The unlawful conduct of which the applicant complains has, he alleges, led directly to material and non-material damage.






(1)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (JO 2018 L 295, p. 39)


ELI: http://data.europa.eu/eli/C/2024/6108/oj
ISSN 1977-091X (electronic edition)