Corrigendum to the notice in the Official Journal in respect of Case T-421/24: Action brought on 12 August 2024 – UU v Court of Justice of the European Union (OJ C, C/2024/5837, 7.10.2024)
Date: 2024-12-09
Institutions: General Court
Subjects: European official, competence of the institution, damages, disciplinary proceedings, international convention, staff regulations (EU)








C_202490101EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/90101


9.12.2024






Corrigendum to the notice in the Official Journal in respect of Case T-421/24:
Action brought on 12 August 2024 – UU v Court of Justice of the European Union

(
Official Journal of the European Union C, C/2024/5837, 7 October 2024
)


The notice in the Official Journal in respect of Case T-421/24, UU v Court of Justice of the European Union should read as follows:

                  ‘
                  



Action brought on 12 August 2024 – UU v Court of Justice of the European Union


(Case T-421/24)

(C/2024/5837)
Language of the case: French

Parties


Applicant: UU (represented by: S. Makoumbou, lawyer)

Defendant: Court of Justice of the European Union

Form of order sought

The applicant claims that the Court should:






—


annul Decision R-4 24 of the committee of the General Court with competence to adjudicate on complaints (“the complaints committee”) of 8 May 2024 rejecting, first, the administrative complaint lodged against the decision of the Presidents of the Court of Justice and of the General Court of the European Union of 14 December 2023 and, second, the claim for damages of 14 March 2024;










—


annul the decision of the Presidents of the Court of Justice and of the General Court of 14 December 2023 rejecting the request for re-examination of 17 November 2023, in so far as that decision refused to re-examine:






—


the decision of the Appointing Authority of the General Court of 26 September 2019 (“the first decision on provision of assistance”), and










—


the decision of the complaints committee of 27 July 2021 (“the second decision on provision of assistance”);














—


accordingly, annul the first and second decision on provision of assistance, in the light of the refusal to carry out a full administrative investigation to its conclusion, to establish the acts of psychological and sexual harassment and physical, psychological and sexual violence suffered, and to grant the applicant technical and financial assistance, which the decision of the Presidents of the Court of Justice and of the General Court of 14 December 2023 and the decision of the complaints committee of 8 May 2024 confirm;










—


award compensation for the harm which she continues to suffer as a result of the failure to carry out an investigation, to establish the acts alleged and to provide financial assistance, five years after the applicant first signalled the acts of harassment and violence, estimated ex aequo et bono at EUR 1 200 000;










—


join the present case with pending Case T-84/24, UU v Court of Justice of the European Union;










—


order the defendant to pay the costs.





Pleas in law and main arguments

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








1.


First plea in law, alleging that the authority which adopted the contested decision did not have competence as regards the claim for damages.












2.


Second plea in law, alleging failure to state reasons for the contested decision and infringement of Articles 41 and 47 of the Charter of Fundamental Rights of the European Union.












3.


Third plea in law, alleging an error of law and a manifest error of assessment in that it was not possible to rely on the entry into force of the Istanbul Convention as a new fact justifying re-examination.












4.


Fourth plea in law, alleging (i) distortion of the request for re-examination of 17 November 2023, which is the basis of the conclusion of the contested decision relating to the allegedly belated reliance on new facts in the administrative complaint of 14 March 2024, and (ii) a manifest error of assessment in how the measures prior to the contested decision were characterised.












5.


Fifth plea in law, alleging manifest errors in the assessment of the unlawful overall conduct alleged in the context of the claim for damages.







                  ’
               


ELI: http://data.europa.eu/eli/C/2024/5837/corrigendum/2024-12-09/oj
ISSN 1977-091X (electronic edition)