Action brought on 21 February 2024 – Stanecki v Commission

(Case T-108/24)

Language of the case: French

Parties

Applicant: Rafal Stanecki (Brussels, Belgium) (represented by: A. Champetier and S. Rodrigues, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

declare the present action admissible and well founded;

annul the contested decision and, if necessary, the decision to reject the complaint;

order the defendant to pay compensation for the damage suffered on the basis of an amount assessed at EUR 50 000;

order the defendant to pay compensation for the damage suffered by the applicant assessed at EUR 50 000 and all the costs.

Pleas in law and main arguments

In support of the action against the decision of the tripartite appointing authority of 3 July 2023 imposing on the applicant the penalty of deferment of advancement to a higher step for a period of twelve months, the applicant relies on four pleas in law.

First plea in law, alleging manifest errors of assessment vitiating several preparatory acts.

Second plea in law, alleging an infringement of Article 12 of the Staff Regulations of Officials of the European Union (ʻthe Staff Regulationsʼ).

Third plea in law, alleging an infringement of Article 17(a) of the Staff Regulations, that is to say, of the right to freedom of expression also recognised by Article 11(1) of the Charter of Fundamental Rights of the European Union.

Fourth plea in law, alleging infringement of Articles 10 and 22 of Annex IX to the Staff Regulations, that is to say, of the principle of proportionality.

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