Appeal brought on 5 January 2018 by Ms against the order of the General Court (First Chamber) delivered on 31 May 2017 in Case T-17/16 Ms v Commission

(Case C-19/18 P)

Language of the case: French

Parties

Appellant: Ms (represented by: L. Levi, avocat)

Other party to the proceedings: European Commission

Form of order sought

Set aside the order of the General Court of 31 May 2017 in Case T-17/16;

consequently, refer the case back to the General Court for judgment on the substance of the action brought before it at first instance, or if the Court of Justice were to consider that the state of the proceedings permits final judgment, to grant the appellant the relief sought at first instance and, accordingly,

hold that the Commission is non-contractually liable on the basis of Article 268 and the second paragraph of Article 340 TFEU;

order the production of the documents declared confidential by the Commission and providing the necessary basis for the exclusion decision;

order payment of compensation for the non-material harm resulting from the Commission’s wrongful conduct, assessed ex aequo et bono at EUR 20 000;

order the Commission to publish a letter of apology to the applicant and to reinstate him within Team Europe;

order the European Commission to pay the costs at first instance and on appeal.

Pleas in law and main arguments

The order under appeal is vitiated by an error of law in the legal classification of the basis of the action for damages brought before the General Court and infringement of the General Court’s duty to state reasons.

The order under appeal is also vitiated by an error of law in the legal classification of the letter of agreement and infringement of the General Court’s duty to state reasons. The latter distorted the file.

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