EN
28.11.2022
Official Journal of the European Union
C 451/15
Defendant: European Union Intellectual Property Office (represented by: A. Ringelhann and J. Ivanauskas, acting as Agents) Other party to the proceedings before the Board of Appeal of EUIPO: Esi Srl (Albisola Superiore, Italy)
Re: By its action under Article 263 TFEU, the applicant seeks the partial annulment and partial alteration of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 20 December 2021 (Case R 813/2021-4).
Operative part of the order 1.
The action is dismissed as manifestly lacking any foundation in law. 2.
Biologische Heilmittel Heel GmbH shall pay the costs.
(1)
OJ C 171, 25.4.2022.
Action brought on 13 September 2022 — QZ v EIB (Case T-569/22) (2022/C 451/18) Language of the case: English Parties Applicant: QZ (represented by: L. Levi and P. Baudoux, lawyers) Defendant: European Investment Bank
Form of order sought The applicant claims that the Court should: — annul the defendant’s decisions dated 5 October 2021 and 8 March 2022 in which the defendant alleges that the applicant had unjustified absences during three contested periods; — annul the defendant’s decision of 3 June 2022 rejecting the applicant’s request for an administrative review and confirming that the applicant had unjustified absences for three contested periods; — order the defendant to pay a compensation for the damage suffered by the applicant; and — 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. 1.
Regarding the first contested period, the applicant raises three pleas, alleging breach of the principle of legal certainty and of Article 3.6 of Annex X to the Staff Rules, breach of the duty to state reasons and of the right to a sound administration and, breach of the duty of care. 2.
Regarding the second contested period, the applicant raises two pleas, alleging breach of the duty of care and breach of Article 2.1, C, of Annex X to the Staff Rules.