Official Journal of the European Union

EN

C series

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C/2024/7366

16.12.2024

(Case T-537/24)

(C/2024/7366)

Language of the case: English

Parties

Applicant: GC (represented by: A. Guillerme and L. Bouchet, lawyers)

Defendant: Single Resolution Board

Form of order sought

The applicant claims that the Court should:

—annul the defendant’s decision of 14 December 2023 to dismiss the applicant at the end of his probationary period;

—order the payment for the material and moral damage suffered;

—order the defendant to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on the following pleas in law.

1.First plea in law, alleging that the preparatory acts to the defendant’s decision of 14 December 2023 to dismiss the applicant at the end of his probationary period (‘the contested decision’) are vitiated by manifest errors of assessment:

—the applicant’s work and performance evaluation is vitiated by a manifest error of assessment, as it was based on a job title and job description which did not correspond to the actual position he was recruited for;

—the assessment of the applicant’s competencies and conduct in the mid-term and probation reports is vitiated by a manifest error of assessment.

2.Second plea in law, alleging that the probationary report is vitiated by a manifest error of assessment and a breach of the duty of care due to an infringement of procedural rules when establishing it.

3.Third plea in law, alleging that the applicant suffered psychological harassment pursuant to Article 12a of the Staff Regulations, which directly influenced and vitiated the dismissal contested decision.

4.Fourth plea in law, alleging that, by failing to properly accommodate the applicant’s disability and to grant the requested extension of the probationary period, the defendant infringed its duty of care.

5.Fifth plea in law, alleging, with regard to the claims for compensation, that the material and moral harm suffered by the applicant corresponds respectively to the loss of anticipated remuneration due to the premature termination or severe disruption of his temporary contract and to the damage caused to his dignity and professional reputation due to the breach of the duty of care and psychological harassment suffered, which negatively impacted his well-being.

ELI: http://data.europa.eu/eli/C/2024/7366/oj

ISSN 1977-091X (electronic edition)

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