Appeal brought on 29 January 2024 by XH against the judgment of the General Court (Fourth Chamber) delivered on 22 November 2023 in Case T-613/21, XH v Commission

(Case C-75/24 P)

Language of the case: English

Parties

Appellant: XH (represented by: P. Nowak, adwokat)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court should:

set aside the judgment under appeal;

by consequence, give the appellant the benefit of her requests;

annul the decision of 04/12/2020, Ares(2020)7335515, D/374/20 concerning refusal of the Appellant's request for assistance of 1/08/2020 and the decision of 2/07/2021, R/138/21, Ares(2021), in response of the complaint filed by the Appellant on 28/02/2021, the decision of 26/05/2021 Ares(2021)3466486 concerning opening of invalidity procedure and the decision issued by the Appointing Authority on 30/09/2021, ARES(2021)5949362, R/301/21 in response of the complaint filed by the Appellant on 31/05/2021;

order the Commission to bear the costs of the present appeal and of the procedure at first instance.

Pleas in law and main arguments

The General Court has manifestly erred in its assessment of the evidence, distorted the elements of the file and erred in law – breach of Articles 12, 12a and 24 and 90 of the Staff Regulations, failure to apply Article 56 of the Staff Regulations.

The Court has erred in law, distorted the elements of the file and has infringed its obligation of motivation in rejecting the first and second pleas alleging manifest error of assessment, breach of the duty of care and of the principles of sound administration and fair trial.

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