CELEX: 62018TN0017
Language: en
Date: 2018-01-19 00:00:00
Title: Case T-17/18: Action brought on 19 January 2018 — Delfant Hoylaerts v Commission

19.3.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 104/44
            
         Action brought on 19 January 2018 — Delfant Hoylaerts v Commission
   (Case T-17/18)
   (2018/C 104/57)
   Language of the case: French
   
      Parties
   
   
      Applicant: Isabelle Delfant Hoylaerts (Montredon-des-Corbières, France) (represented by: E. Conquet, lawyer)
   
      Defendant: European Commission
   
      Form of order sought
   
   The applicant claims that the Court should:
   
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               annul the Commission’s Rejection Decision of 21 March 2017;
            
         
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               annul the Commission’s implicit Rejection Decision of 20 October 2017;
            
         
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               order the Commission to bear the costs relating to the medico-educational institution from 20 October 2017;
            
         
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               order the Commission to pay to Ms Delfant Hoylaerts EUR 3 000 in damages as compensation for the financial and non-material losses suffered;
            
         
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               order the Commission to pay the costs and to pay to Ms Delfant Hoylaerts EUR 3 000 in respect of non-recoverable expenses.
            
         
      Pleas in law and main arguments
   
   In support of the action, the applicant relies on a single plea in law, alleging infringement of Article 72 of the Staff Regulations of Officials of the European Union, the provisions of which have been adopted by the joint rules on sickness insurance for officials of the European Union, in particular Article 20, and by the Guide to Commission assistance for disabled children of staff entitled under the Staff Regulations.
   According to the applicant, the Commission infringed the above provisions by adopting the decision to refuse to bear costs relating to a medico-educational institution (‘MEI’) for her disabled child. In that respect, she submits that that decision is based on a purely administrative misunderstanding and that the legal basis relied on by the Commission is lacking.
   Finally, the applicant claims that the unfair conduct on the part of the Commission has serious consequences in that the Commission is incapable of taking sole responsibility for the costs of the MEI where the MEI is essential for her child. Thus, her psychological and financial circumstances have been exacerbated by the fault on the Commission’s part.