CELEX: 62021CN0513
Language: en
Date: 2021-08-19 00:00:00
Title: Case C-513/21 P: Appeal brought on 19 August 2021 by DI against the judgment of the General Court (Fourth Chamber, Extended Composition) delivered on 9 June 2021 in Case T-514/19, DI v BCE

24.1.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 37/6
            
         
      Appeal brought on 19 August 2021 by DI against the judgment of the General Court (Fourth Chamber, Extended Composition) delivered on 9 June 2021 in Case T-514/19, DI v BCE
      (Case C-513/21 P)
      (2022/C 37/10)
      Language of the case: English
      
         Parties
      
      
         Appellant: DI (represented by: L. Levi, avocate)
      
         Other party to the proceedings: European Central Bank
      
         Form of order sought
      
      The appellant claims that the Court should:
      
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                  set aside the judgment under appeal;
               
            
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               by consequence grant the appellant’s requests:
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                              the annulment of the decision of the Executive Board of the ECB dated 7 May 2019 imposing the disciplinary dismissal without notice;
                           
                        
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                              the annulment of the decision of the Executive Board of the ECB dated 25 June 2019 refusing to reopen the disciplinary proceedings further to the closure of criminal proceedings;
                           
                        
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                              in any case, the compensation of the moral prejudice suffered by the appellant evaluated ex aequo et bono at 20 000,00 Euros;
                           
                        
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                              the reimbursement of all the costs.
                           
                        
            
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                  order the ECB to pay all the costs of both the appeal and of the first instance.
               
            
         Pleas in law and main arguments
      
      The judgement under appeal erred in law in rejecting the first plea alleging lack of competence of the author of the contested measures.
      The judgement under appeal erred in law in rejecting the second plea alleging infringement of Article 8.3.2 of the Staff Rules and of the principle of legal certainty.
      The judgement under appeal erred in law in rejecting the seventh plea alleging infringement of the right to the presumption of innocence and Article 48 of the Charter of Fundamental Rights of the European Union.
      The judgement under appeal erred in law in rejecting the fourth plea alleging infringement of Article 8.3.7 of the Staff Rules and infringement of the principle of impartiality as enshrined in Article 41 of the Charter.
      The judgement under appeal erred in law in rejecting the sixth plea alleging manifest errors of assessment.