Action brought on 1 July 2021 – Di Taranto v European Public Prosecutor’s Office

(Case T-368/21)

Language of the case: Italian

Parties

Applicant: Alessandro Di Taranto (Rome, Italy) (represented by: G. Pellegrino, lawyer)

Defendant: European Public Prosecutor’s Office (EPPO)

Form of order sought

The applicant claims that the Court should:

annul the Decision of the College of the European Public Prosecutor’s Office of 3 May 2021 on the appointment of fifteen European Delegated Prosecutors of the EPPO in the Italian Republic, appointing the European Delegated Prosecutors of the Italian State;

order the defendant to pay the costs incurred by the applicant in the present proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law alleging unlawfulness as a result of the unlawful nature of the preliminary and binding decision of 28 April 2021 adopted by the Consiglio Superiore della Magistratura (Supreme Council of the Judiciary), which is the competent authority in Italy for designating European Delegated Prosecutors (EDPs).

As an interim measure, the applicant challenges the decision of the College of the EPPO appointing the EDPs, claiming that it is vitiated as a result of the unlawfulness of the decision of 28 April 2021 by which the Supreme Council of the Judiciary approved the final determination in which Dottore Di Taranto, with regard to the three prosecutors to be appointed for the office in Rome, was classified after the other candidates.

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