25.9.2017

EN

Official Journal of the European Union

C 318/21

(Case T-493/17)

(2017/C 318/28)

Language of the case: Italian

Parties

Applicant: Magdalena Catalina Stancu (Bucarest, Romania) (represented by: F. Elia, lawyer)

Defendant: European Research Council Executive Agency (ERCEA) (Brussels, Belgium)

Form of order sought

The applicant claims that the Court should:

—(A) On the merits: declare void/unlawful the act adversely affecting the applicant, consisting of the dismissal communicated orally to the employee on 10 January 2017, with immediate restoration of the employment relationship, and order the defendant to pay all remuneration that has accrued in the interim;

—(B) On the merits: annul the act adversely affecting the applicant, consisting of the decision, dated 28 October 2016, to extend the probationary period, and rule that there was no agreement on a probationary period as from 1 November 2016;

—(C) On the merits: declare void/unlawful the measures comprising the final administrative inquiry report CMS 16/035 dated 7 November 2016 and notified on 16 November 2016, on all of the grounds set out, and order the administrative inquiry report to be deleted from the Sysper system and from any other databases in the EU institutions;

—(D) On the merits: declare void/unlawful the act adversely affecting the applicant consisting of the dismissal dated 22 December 2016 headed ‘note to the attention of Ms catalina stancu’ which reached the applicant on 24 January 2017, on all of the grounds set out, with immediate restoration of the employment relationship and an order requiring the defendant to pay compensation consisting of remuneration that has accrued between the date of dismissal and the date of delivery of the judgment. In the alternative, in the event that the applicant cannot be reintegrated into her work post, order ERCEA to pay compensation for lost earnings up to the expiry of the contract (January 2018) in the amount of EUR 39 000;

—(E) On the merits: in any event, order ERCEA to pay to the employee the sum of EUR 300 000, or any different amount, higher or lower, as the Court may deem appropriate, as compensation for the serious damage to the applicant’s image and to her personal and professional reputation.

Pleas in law and main arguments

In support of her action, the applicant relies on four pleas in law.