# C_2019103EN.01004901.xml

| 18.3.2019 | EN | Official Journal of the European Union | C 103/49 |
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18.3.2019

EN

Official Journal of the European Union

C 103/49

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Action brought on 11 January 2019 — AD v ECHA

(Case T-25/19)

(2019/C 103/64)

Language of the case: English

Parties

Applicant: AD (represented by: L. Levi and N. Flandin, lawyers)

Defendant: European Chemicals Agency (ECHA)

Form of order sought

The applicant claims that the Court should:

| — | annul the defendant’s decision of 28 March 2018 not to renew the applicant’s employment contract with the ECHA; |
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annul the defendant’s decision of 28 March 2018 not to renew the applicant’s employment contract with the ECHA;

| — | annul the vacancy notice published on 9 March 2018 by the ECHA for a contractual agent FG II post, in so far as it offers a post with tasks identical to those the applicant was performing under her temporary agent contract; |
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annul the vacancy notice published on 9 March 2018 by the ECHA for a contractual agent FG II post, in so far as it offers a post with tasks identical to those the applicant was performing under her temporary agent contract;

| — | if need be, annul also the defendant’s decision of 1 October 2018, notified to the applicant on 2 October 2018, which rejects the applicant’s complaint against the non-renewal decision; |
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if need be, annul also the defendant’s decision of 1 October 2018, notified to the applicant on 2 October 2018, which rejects the applicant’s complaint against the non-renewal decision;

| — | order the compensation of the material and non-material damage suffered by the applicant; |
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order the compensation of the material and non-material damage suffered by the applicant;

| — | order the defendant to pay all the costs. |
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order the defendant to pay all the costs.

Pleas in law and main arguments

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

| 1. | First plea in law, alleging a violation of the Work Instructions laid down by ECHA regarding the renewal or non-renewal process relating to contracts and of the principle of equal treatment and non-discrimination. |
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1.

First plea in law, alleging a violation of the Work Instructions laid down by ECHA regarding the renewal or non-renewal process relating to contracts and of the principle of equal treatment and non-discrimination.

| 2. | Second plea in law, alleging a violation of the duty to state sufficient reasons. |
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2.

Second plea in law, alleging a violation of the duty to state sufficient reasons.

| 3. | Third plea in law, alleging a violation of the rights of the defence and in particular the right to be heard. |
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3.

Third plea in law, alleging a violation of the rights of the defence and in particular the right to be heard.

| 4. | Fourth plea in law, alleging a breach of the duty of care. |
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4.

Fourth plea in law, alleging a breach of the duty of care.

| 5. | Fifth plea in law, alleging that the reasons stated by the ECHA to justify the non-renewal of the employment contract are manifestly mistaken and show a misuse of power. |
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5.

Fifth plea in law, alleging that the reasons stated by the ECHA to justify the non-renewal of the employment contract are manifestly mistaken and show a misuse of power.

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