Source: EURLEX
Language: en
Format: md

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| 9.1.2023 | EN | Official Journal of the European Union | C 7/21 |

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Judgment of the General Court of 26 October 2022 — KD v EUIPO

(Case T-298/20) [(1)](#ntr1-C_2023007EN.01002101-E0001)

(Civil service - Members of the temporary staff - 2019 Appraisal exercise - Appraisal report - Pre-litigation procedure - Admissibility - Obligation to state reasons - Rights of the defence - Duty of care - Liability - Non-material damage)

(2023/C 7/26)

Language of the case: English

Parties

Applicant: KD (represented by S. Pappas, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by K. Tóth, acting as Agent, and by B. Wägenbaur, lawyer)

Re:

By her action based on Article 270 TFEU and brought on 22 May 2020, the applicant seeks, first, annulment of her appraisal report for the 2019 appraisal exercise and, secondly, compensation in respect of the non-material damage she claims to have suffered.

Operative part of the judgment

The Court:

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| 1. | Annuls KD’s appraisal report in respect of the 2019 appraisal exercise; |

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| 2. | Dismisses the action as to the remainder; |

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| 3. | Orders the European Union Intellectual Property Office (EUIPO), in addition to bearing its own costs, to pay three quarters of the costs incurred by KD; |

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| 4. | Orders KD to pay a quarter of her own costs. |

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