Action brought on 26 January 2024 – BP v EIT
(Case T-42/24)
Language of the case: English
Parties
Applicant: BP (represented by: E. Lazar, lawyer)
Defendant: European Institute of Innovation and Technology
Form of order sought
The applicant claims that the Court should:
annul the decision of 15 January 2024 not to renew the applicant’s contract;
compensate the applicant for material prejudice estimated at EUR 149 850.53, to which must be added the late interest at the key rate of the European Central Bank plus two percentage points;
compensate the applicant for her moral prejudice estimated at EUR 75 000 or such sum as the Court may fix ex aequo et bono;
order the defendant to pay the entire costs, even in the case the application is rejected.
Pleas in law and main arguments
In support of the action, the applicant relies on five pleas in law.
First plea in law, alleging violation of the right to be heard.
Second plea in law, alleging violation of essential procedural requirements and internal rules, and arbitrary and unreasonable interpretation of such rules, as well as a lack of predictability and of legal certainty.
The applicant refers in this regard to Article 110 of the Staff Regulations and to Annex 1, Section 2, point 3, of the EIT Founding Regulation.1
Third plea in law, alleging violation of Article 41(1) of the Charter of Fundamental Rights of the EU and of the principle of legal certainty and legitimate expectations.
Fourth plea in law, alleging violation of the duty to care towards staff, a failure to take into account the interests of both the institution and the applicant, and the disproportionate nature of the decision in view of the actual interest of the institution.
Fifth plea in law, alleging the failure of the EIT Appointing Authority to exercise his powers (large margins of discretion) to solve the case internally. The applicant also refers to the alleged breach of Article 15 of the Charter of Fundamental Rights of the EU.
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1 Regulation (EU) 2021/819 of the European Parliament and of the Council of 20 May 2021 on the European Institute of Innovation and Technology (recast) (OJ 2021 L 189, p. 61).