Action brought on 3 May 2023 – LW v Commission

(Case T-232/23)

Language of the case: English

Parties

Applicant: LW (represented by: S. Birenbaum-De Guchteneere and M. Tournay, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

annul the appraisal report for the year 2020;

in so far as necessary, annul the decision of the appeal assessor dated 13 July     2022 that confirmed the appraisal report for the year 2020 and rejected the     appeal of 11 March 2022 (registered under No 507857);

in so far as necessary, annul the decision of the appointing authority dated 24 January 2023 that rejected the complaint filed by a note dated 7 September 2022 (registered under No. R/422/22);

order compensation for the non-material damage suffered;

order the defendant to pay the costs.

Pleas in law and main arguments

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

First plea in law, alleging infringement of Article 43 of the Staff Regulations and the breach of Article 2(3) of Commission Decision C(2013) 8985 of 16 December 2013 laying down general provisions for implementing Article 43 of the Staff Regulations and implementing the first paragraph of Article 44 of the Staff Regulations (the ‘GIP’), Article 5, 6 and 7 of the GIP, manifest error of assessment, misuse of power and breach of the principle of good administration.

Second plea in law, alleging infringement of Article 296 TFEU, Article 41(2) of the Charter of Fundamental Rights of the EU and Article 25 of the Staff Regulations, breach of the duty to state reasons, manifest error and breach of the principle of good administration.

Third plea in law, alleging breach of the principle of proportionality.

Fourth plea in law, alleging infringement of Article 21(1) of the Charter of Fundamental Rights of the EU and of Article 1d(1) of the Staff Regulations, and breach of the duty to have regard to the welfare of officials.

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