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Valentina R., lawyer
(Application for interim relief - Civil service - Measures for the organisation of work during the health crisis - Prohibition of teleworking outside the country of employment - Application for an exemption - Refusal decision - Application for suspension of operation of a measure - Application for interim measures - Urgency - Prima facie case - Balancing of interests)
(2021/C 242/68)
Language of the case: French
Applicant: PJ (represented by: N. de Montigny, lawyer)
Defendant: European Institute of Innovation and Technology (represented by: P. Juanes Burgos, acting as Agent, and by A. Duron, lawyer)
APPLICATION under Articles 278 and 279 TFEU for (i) the suspension of operation of the decision of the EIT of 17 December 2020 to refuse the applicant’s request to telework from her place of origin and (ii) an order that EIT should authorise her to telework from her place of origin until restrictions relating to the health crisis imposed by the German and Hungarian national authorities are lifted.
1.The operation of the decision of the Director of the European Institute of Innovation and Technology (EIT) of 17 December 2020, refusing PJ’s request to telework from her place of origin, is suspended.
2.The EIT shall authorise PJ to telework from the place of residence of her children subject to this being justified by the circumstances relating to the COVID-19 pandemic and without prejudice to the requirement that PJ travel to her place of employment on an ad hoc basis for reasons relating to the interests of the service.
3.The costs are reserved.