Action brought on 31 August 2021 – QN v Commission

(Case T-531/21)

Language of the case: English

Parties

Applicant: QN (represented by: L. Levi and N. Flandin, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

annul the defendant’s decision not to promote the applicant, which results from the publication on 12 November 2020 of Administrative Notice N° 32-2020 closing the 2020 promotion exercise and presenting a promotion list on which the applicant’s name does not appear;

annul also, in so far as necessary, the decision of 1 June 2021 taken by the defendant, rejecting the complaint lodged by the applicant against the non–promotion decision;

order the compensation of the moral prejudice suffered by the applicant;

order the defendant, pursuant to Article 89 of the Rules of Procedure of the General Court, to produce an anonymised copy of the minutes of the meeting with the Joint Promotion Committee and of the minutes of the meeting between the representatives of the Central Staff Committee and the Director general of DG TAXUD,

order the defendant to pay all the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.

First plea in law, alleging infringement of Article 45 of the Staff Regulations and of Article 4(1) of Commission decision C(2013) 8968 final of 16 December 2013.

Second plea in law, alleging violation of the principle of equal treatment – Breach of Article 41(1) of the Charter of Fundamental Rights of the EU – Infringement of the rules of objectivity and impartiality.

Third plea in law, alleging violation of the duty to state reasons – Breach of Article 41(2) of the Charter of Fundamental Rights of the EU together with a breach of Article 296(2) of the TFEU.

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