Action brought on 4 April 2024 – DP and DQ v EIOPA

(Case T-183/24)

Language of the case: English

Parties

Applicants: DP and DQ (represented by: N. Flandin, lawyer)

Defendant: European Insurance and Occupational Pensions Authority

Form of order sought

The applicants claim that the Court should:

declare the present application admissible;

declare the present application founded in so far as:

the defendant has committed sufficiently serious breaches of rules of law conferring rights on individuals, and in particular of Article 339 of the TFEU and of the principle of good administration as enshrined by Article 41 of the of the Charter of Fundamental Rights of the European Union;

the applicants have suffered a non-material damage;

the non-material damage suffered by the applicants results directly from the above-mentioned illegalities;

consequently :

order the compensation of the damage suffered by the applicants;

order the defendant to pay all the costs.

Pleas in law and main arguments

In support of the action, the applicants submit that the conditions laid down by Article 340 TFEU are met in the present case to engage the defendant’s liability.

As regard the first condition – the defendant’s unlawful conduct in violating the applicants’ confidential data: violation of Article 339 of the TFEU and violation of Article 41 of the Charter; lack of motivation, lack of impartiality of the external investigator, lack of expertise of the external investigator.

As regard the second condition – the damage: the applicants have suffered a non-material damage.

As regards the third condition - the causal link: the non-material damage results directly from the illegal processing of the applicants’ data by the defendant.

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