CELEX: 62019TN0619
Language: en
Date: 2019-09-17 00:00:00
Title: Case T-619/19: Action brought on 17 September 2019 – KF v SatCen

25.11.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 399/73
            
         
      Action brought on 17 September 2019 – KF v SatCen
      (Case T-619/19)
      (2019/C 399/91)
      Language of the case: English
      
         Parties
      
      
         Applicant: KF (represented by: A. Kunst, lawyer, and N. Macaulay, Barrister)
      
         Defendant: European Union Satellite Centre
      
         Form of order sought
      
      The applicant claims that the Court should:
      
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                  annul the decision of the Director of the European Union Satellite Centre (SatCen) of 3 July 2019, notified to the applicant on 8 July 2019, to restart the administrative investigation in relation to her conduct and find that SatCen has failed to comply with the judgment of 25 October 2018 of the General Court in KF v The European Union Satellite Centre (Case T-286/15, EU:T:2018:718), infringing Article 266 TFEU;
               
            
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                  annul the decision of the Director of SatCen rejecting the applicant’s administrative complaint to the Director of SatCen of 2 August 2019 against the decision of 3 July 2019, notified to her on 9 August 2019;
               
            
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                  order SatCen to pay the applicant full and fair compensation arising from the said judgment in Case T-286/15 in respect of the material harm suffered;
               
            
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                  order SatCen to compensate the applicant for the material and immaterial harm suffered as a result of the decision to restart the administrative investigation, assessed provisionally on an ex aequo et bono basis at EUR 30 000;
               
            
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                  order SatCen to pay interest on the unjustified late payment of damages in respect of non-material harm of EUR 10 000 as ordered in the said judgment in Case T-286/15;
               
            
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                  declare Article 28 and Annex X of the SatCen Staff Regulations, the provisions on the Appeals Board, inapplicable pursuant to Article 277 TFEU;
               
            
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                  order SatCen to pay the applicant’s costs, together with interest of 8 %.
               
            
         Pleas in law and main arguments
      
      In support of the action, the applicant relies on two pleas in law.
      
                  1.
               
               
                  First plea in law, alleging an infringement of the authority of judicial proceedings before the Court of Justice of the European Union.
               
            
                  2.
               
               
                  Second plea in law, alleging an infringement of Article 266 TFEU and the right to sound administration and the duty of care.