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Case T-571/17 RENV: Judgment of the General Court of 21 June 2023 — UG v Commission (Civil service — Contract staff — Contract of indefinite duration — Termination of contract — Article 47(c)(i) of the CEOS — Incompetence — Conduct in the service and attitude at work incompatible with the interests of the service — Obligation to state reasons — Right to be heard — Entitlement to parental leave — Article 42a of the Staff Regulations — Application of the minimum requirements of Directives 2010/18/EU and 2002/14/EC to officials and other servants of the European Union — Articles 27, 30 and 33 of the Charter of Fundamental Rights — Workers’ right to information and consultation — Article 24b of the Staff Regulations — Manifest error of assessment — Protection in the event of unjustified dismissal — Indirect challenge to definitive acts — Inadmissibility — Principle of proportionality — Misuse of powers — Liability)
ECLI:EU:UNKNOWN:62017TA0571(01)
62017TA0571(01)
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Valentina R., lawyer
31.7.2023
Official Journal of the European Union
C 271/22
(Case T-571/17 RENV) (<span class="oj-super oj-note-tag">1</span>)
(Civil service - Contract staff - Contract of indefinite duration - Termination of contract - Article 47(c)(i) of the CEOS - Incompetence - Conduct in the service and attitude at work incompatible with the interests of the service - Obligation to state reasons - Right to be heard - Entitlement to parental leave - Article 42a of the Staff Regulations - Application of the minimum requirements of Directives 2010/18/EU and 2002/14/EC to officials and other servants of the European Union - Articles 27, 30 and 33 of the Charter of Fundamental Rights - Workers’ right to information and consultation - Article 24b of the Staff Regulations - Manifest error of assessment - Protection in the event of unjustified dismissal - Indirect challenge to definitive acts - Inadmissibility - Principle of proportionality - Misuse of powers - Liability)
(2023/C 271/31)
Language of the case: French
Parties
Applicant: UG (represented by: M. Richard, lawyer)
Defendant: European Commission (represented by: L. Radu-Bouyon, acting as Agent)
Re:
By her action under Article 270 TFEU, the applicant seeks, in essence, first, the annulment of the decision of 17 October 2016 by which the European Commission terminated her contract as a member of the contract staff and, secondly, compensation for the material and non-material harm she claims to have suffered as a result of that decision.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders UG and the European Commission to bear their own costs in the cases registered under numbers T-571/17 and C-249/20 P;
3.Orders UG to bear her own costs and to pay a third of the costs incurred by the Commission in the case registered under the number T-571/17 RENV.
(<span class="oj-super">1</span>) OJ C 357, 23.10.2017.