Action brought on 19 February 2024 – CL v Commission

(Case T-109/24)

Language of the case: French

Parties

Applicant: CL (represented by: N. Flandin, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

declare the present application for annulment admissible and well founded;

annul the decision of the appointing authority of 11 January 2023 inasmuch as it declares that the total permanent invalidity of the applicant is not occupational in origin;

so far as necessary, annul the decision of the appointing authority of 10 February 2023 rejecting the complaint lodged by the applicant against the decision of 11 January 2023;

order the defendant to pay damages;

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 41 of the Charter of Fundamental Rights of the European Union and of the second paragraph of Article 25 of the Staff Regulations of Officials of the European Union, and a failure to comply with the obligation to state reasons.

Second plea in law, alleging the illegality of the invalidity decision and of the contested decision due to irregularities affecting the conditions under which the opinion of the Invalidity Committee was given.

Third plea in law, alleging the illegality of the invalidity decision and of the contested decision due to a manifest error of assessment relating to an incorrect understanding of the concept of occupational disease.

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