10.10.2009

EN

Official Journal of the European Union

C 244/16

(Case F-52/09)

2009/C 244/27

Language of the case: French

Parties

Applicant: Delfina Da Silva Pinto Branco (Luxembourg, Luxembourg) (represented by: M. Erniquin, lawyer)

Defendant: Court of Justice of the European Communities

Subject-matter and description of the proceedings

First, application for annulment of the decision to dismiss the applicant. Next, application for the applicant to be established as an official or to be reinstated in her post as a probationary official. Lastly, application for damages for non-pecuniary losses suffered.

Form of order sought

—annul the decision of the Appointing Authority dated 24 October 2008 and the opinion of the Reports Committee dated 8 October 2008, the two probationary period reports established by the assessor, dated 22 February 2008 and 10 June 2008, respectively, and also the decision of the Appointing Authority dated 18 April 2008 to extend the probationary period;

—establish the applicant as an official as from 1 March 2008, and also grant her entitlement to compensation corresponding to the difference between the remuneration she would have received had she been established as an official on 1 March 2008 and the emoluments she has actually received as from that date until the date of judgment; otherwise, in the alternative, reinstate the applicant in her functions as a probationary official either in the same unit where she was prior to her dismissal or in another unit in the institution in order that she may complete a fresh probationary period;

—order the defendant to pay compensation in the amount of EUR 5 000 by way of damages for non-pecuniary losses suffered;

—order the Court of Justice of the European Communities to pay the costs.