CELEX: 62019TN0065
Language: en
Date: 2019-02-05 00:00:00
Title: Case T-65/19: Action brought on 5 February 2019 — AI v ECDC

8.4.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 131/53
            
         
      Action brought on 5 February 2019 — AI v ECDC
      (Case T-65/19)
      (2019/C 131/62)
      Language of the case: English
      
         Parties
      
      
         Applicant: AI (represented by: L. Levi and A. Champetier, lawyers)
      
         Defendant: European Centre for Disease Prevention and Control (ECDC)
      
         Form of order sought
      
      The applicant claims that the Court should:
      
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                  annul the decision of the ECDC of 18 May 2018 rejecting the applicant’s request for assistance of 20 June 2017,
               
            
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                  annul the ECDC’s decision of 20 June 2018 rejecting the applicant’s request of 30 May 2018 for access to the enquiry report;
               
            
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                  annul, if need be, the ECDC’s decision of 26 October 2018 rejecting the applicant’s complaint of 2 July 2018;
               
            
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                  order the ECDC to pay financial compensation evaluated, ex aequo et bono, at EUR 40 000, in respect of the non-material harm allegedly suffered by the applicant.
               
            
         Pleas in law and main arguments
      
      In support of the action, the applicant relies on three pleas in law in respect of the contested decision of 18 May 2018 and a single plea in law in respect of the contested decision of 20 June 2018.
      
                  1.
               
               
                  First plea in law, in respect of the contested decision of 18 May 2018, alleging violation of the right to be heard.
               
            
                  2.
               
               
                  Second plea in law, in respect of the contested decision of 18 May 2018, alleging violation of the duty to state reasons.
               
            
                  3.
               
               
                  Third plea in law, in respect of the contested decision of 18 May 2018, alleging a manifest error of assessment and of facts and the violation of Article 86 of the Staff Regulations.
               
            
                  4.
               
               
                  Single plea in law, in respect of the contested decision of 20 June 2018, alleging the breach of Article 41 of the Charter of Fundamental Rights of the European Union and of Article 13 of Regulation No 45/2001. (1)
                  
               
            
         (1)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ 2001 L 8, p. 1).