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Case T-462/17: Judgment of the General Court of 11 June 2019 — TO v EEA (Civil service — Contract staff — Contract for a fixed period — Dismissal during sick leave — Article 16 of the CEOS — Article 48(b) of the CEOS — Article 26 of the Staff Regulations — Processing of personal data — Article 84 of the CEOS — Psychological harassment)
ECLI:EU:UNKNOWN:62017TA0462
62017TA0462
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5.8.2019
Official Journal of the European Union
C 263/40
(Case T-462/17) (<span class="super note-tag">1</span>)
(Civil service - Contract staff - Contract for a fixed period - Dismissal during sick leave - Article 16 of the CEOS - Article 48(b) of the CEOS - Article 26 of the Staff Regulations - Processing of personal data - Article 84 of the CEOS - Psychological harassment)
(2019/C 263/45)
Language of the case: French
Parties
Applicant: TO (represented by: N. Lhoëst, lawyer)
Defendant: European Environment Agency (represented by: O. Cornu, acting as Agent, assisted by B. Wägenbaur, lawyer)
Intervener in support of the defendant: European Parliament (represented by: initially, D. Nessaf and J. Van Pottelberge, and subsequently, J. Van Pottelberge and J. Steele, acting as Agents) and the Council of the European Union (represented by: M. Bauer and R. Meyer, acting as Agents)
Re:
Application pursuant to Article 270 TFEU seeking, on the one hand, annulment, first, of the decision of the Executive Director of the EEA of 22 September 2016 terminating the applicant’s employment as a member of the contract staff and, secondly, that director’s decision of 20 April 2017 rejecting the complaint brought by the applicant against the decision of 22 September 2016 and, on the other hand, compensation for the damage allegedly sustained by the applicant.
Operative part of the judgment
The Court:
1.Annuls the decision of the Executive Director of the European Environmental Agency (EEA) of 22 September 2016 terminating TO’s employment as a member of the contract staff;
2.Orders the EEA to pay to TO a sum equal to one month’s salary in lieu of notice and to one third of TO’s basic salary per month of probation completed, less the dismissal allowance already received by TO;
3.Orders EEA to pay to TO an amount of EUR 6 000;
4.Dismisses the remainder of the action
5.Orders the EEA to bear its own costs and to pay those incurred by TO;
6.Orders the European Parliament and the Council of the European Union to bear their own costs.
(<span class="super">1</span>) OJ C 347 of 16.10.2017.