25.5.2020

Official Journal of the European Union

C 175/10

(Case T-571/17) (*)

(Civil service - Contract staff - Contract of indefinite duration - Article 47(c)(i) of the CEOS - Termination with notice - Grounds for termination - Conduct in the service and attitude at work incompatible with the interests of the service - Manifest error of assessment - Review of the accuracy of the facts - Lack of evidence - Liability - Material harm - Payment of salaries owed)

(2020/C 175/11)

Language of the case: French

Parties

Applicant: UG (represented by: M. Richard and P. Junqueira de Oliveira, lawyers)

Defendant: European Commission (represented by: G. Berscheid, L. Radu Bouyon and B. Mongin, acting as Agents)

Re:

Application based on Article 270 TFEU seeking, first, annulment of the decision of 17 October 2016 by which the Commission’s Office for ‘Infrastructure and Logistics in Luxembourg’ (OIL) terminated the applicant’s employment contract pursuant to Article 47(c)(i) of the Conditions of Employment of Other Servants of the European Union as from 20 August 2017 and, second, compensation for the material harm allegedly suffered by the applicant following that decision and the non-material harm she allegedly suffered as a result of the degrading treatment she claims to have been subject to because of her trade union activity and her period of parental leave.

Operative part of the judgment

The Court:

1.Annuls the decision of the European Commission of 17 October 2016 terminating the contract of indefinite duration of Ms UG;

2.Orders the parties to forward to the Court, within three months of the delivery of this interim judgment, either the jointly agreed amount of financial compensation resulting from the illegality of the decision of 17 October 2016 or, failing agreement, their submissions on that amount;

3.Dismisses the action as to the remainder;

4.Reserves the costs.

(*)

Language of the case: French

ECLI:EU:C:2020:140