CELEX: 62019TN0031
Language: en
Date: 2019-01-15 00:00:00
Title: Case T-31/19: Action brought on 15 January 2019 — AF v FRA

18.3.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 103/50
            
         
      Action brought on 15 January 2019 — AF v FRA
      (Case T-31/19)
      (2019/C 103/65)
      Language of the case: English
      
         Parties
      
      
         Applicant: AF (represented by: L. Levi and N. Flandin, lawyers)
      
         Defendant: European Union Agency for Fundamental Rights (FRA)
      
         Form of order sought
      
      The applicant claims that the Court should:
      
                  —
               
               
                  annul the defendant’s decision of 9 May 2018 drawing up a list of eligible temporary agents proposed for the 2017 reclassification exercise where the name of the applicant was not included;
               
            
                  —
               
               
                  if need be, annul also the FRA’s decision received by the applicant on 5 October 2018, which rejects the applicant’s complaint against the FRA’s said decision;
               
            
                  —
               
               
                  order the compensation of the material prejudice suffered by the applicant;
               
            
                  —
               
               
                  order the defendant to pay the costs.
               
            
         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 a violation of Article 54 of the Conditions of Employment of Other Servants of the European Union (CEOS) as well as of Article 30 of Annex XIII to the Staff Regulations and of Article 3 of the FRA’s Executive Board Decision No 2016/01 laying down general implementing provisions regarding Article 54 of the CEOS.
               
            
                  2.
               
               
                  Second plea in law, alleging that there has been a violation of the right to good administration under Article 41 of the Charter of Fundamental Rights of the European Union.
               
            
                  3.
               
               
                  Third plea in law, alleging that there has been a violation of the principle of legal certainty and legitimate expectations.