Action brought on 7 July 2021 – KN v Parliament
(Case T-401/21)
Language of the case: French
Parties
Applicant: KN (represented by: M. Casado García-Hirschfeld and M. Aboudi, lawyers)
Defendant: European Parliament
Form of order sought
The applicant claims that the General Court should:
declare the present action admissible;
annul the contested decision;
order the defendant to pay compensation in respect of the non-material damage suffered, estimated to be in the sum ex aequo et bono of EUR 100 000;
order the defendant to bear the entirety of the costs.
Pleas in law and main arguments
In support of the action against the decision of the European Parliament of 28 April 2021 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2019, Section VI – European Economic and Social Committee [2020/2145(DEC)] and of the resolution of the European Parliament of 29 April 2021 with observations forming an integral part of the aforementioned decision, the applicant relies on two pleas in law.
First plea in law, alleging infringement of Article 16(1) TFEU, Articles 1 and 8 of the Charter of Fundamental Rights of the European Union and Articles 4 and 5 of Regulation 2018/1725, 1 as well as infringement of the principle of confidentiality of disciplinary proceedings and judicial information and Article 10 of Regulation No 883/2013. 2
Second plea in law, alleging infringement of the right to the presumption of innocence, the principle of sound administration and the principle of proportionality.
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1 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ 2018 L 295, p. 39).
2 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ 2013 L 248, p. 1).