case t-129/21: action brought on 1 march 2021 — colombani
TRANSCRIPT
Action brought on 1 March 2021 — Colombani v EEAS
(Case T-129/21)
(2021/C 182/79)
Language of the case: French
Parties
Applicant: Jean-Marc Colombani (Auderghem, Belgium) (represented by: N. de Montigny, lawyer)
Defendant: European External Action Service
Form of order sought
The applicant claims that the Court should:
— annul the decision of EEAS rejecting the applicant’s application for the post of Head of the EU Delegation to Canada, notified by a note of 6 July 2020 signed by the Director of Human Resources;
— annul the decision of EEAS rejecting the applicant’s application for the post of Director MENA, notified by a note of 17 April 2020 signed by the Director of Human Resources;
— annul the decision of EEAS rejecting the applicant’s complaint R/353/20;
— order the defendant to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on five pleas in law.
1. First plea in law, relating to unlawfulness of the rejection of the applicant’s application as a national diplomat and a plea of illegality in respect of the vacancy notices covered by the application, namely that concerning the post of Director for Middle East and North Africa (MENA) (vacancy notice 2020/48) and that concerning the post of Head of the Delegation to Canada (vacancy notice 2020/134).
2. Second plea in law, alleging manifest error of assessment with regard to the selection requirement relating to experience in a middle management post or equivalent function for at least two years;
3. Third plea in law, alleging infringement of the principle of equal treatment and non-discrimination, legal certainty and predictability in that the assessment of the professional experience is narrowly applied to the applicant in contrast with the flexibility shown with regard to the other applicants and infringement of Article 27 of the Staff Regulations of Officials of the European Union;
4. Fourth plea in law, alleging manifest error of assessment of the applicant’s grade and infringement of the principle that a person may not invoke his own fault;
5. Fifth plea in law, alleging manifest error of assessment of the type of functions performed by the applicant.
Action brought on 1 March 2021 — QK v ECB
(Case T-133/21)
(2021/C 182/80)
Language of the case: Latvian
Parties
Applicant: QK (represented by: A. Bērziņš, lawyer)
Defendant: European Central Bank (ECB)
10.5.2021 EN Official Journal of the European Union C 182/59