CELEX: 62019TN0336
Language: en
Date: 2019-05-31 00:00:00
Title: Case T-336/19: Action brought on 31 May 2019 — BZ v Commission

29.7.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 255/48
            
         
      Action brought on 31 May 2019 — BZ v Commission
      (Case T-336/19)
      (2019/C 255/61)
      Language of the case: French
      
         Parties
      
      
         Applicant: BZ (represented by: C. Mourato, lawyer)
      
         Defendant: European Commission
      
         Form of order sought
      
      The applicant claims that the Court should:
      
                  —
               
               
                  Annul the European Commission’s decision of 25 July 2018 to dismiss the applicant in response to a report on the probationary period before the end of that period;
               
            
                  —
               
               
                  Order the Commission to pay the applicant the following separate sums by way of damages:
                  
                              —
                           
                           
                              EUR 5 000 in respect of non-material harm caused by the dismissal decision;
                           
                        
                              —
                           
                           
                              EUR 5 000 in respect of damage to reputation caused by the dismissal decision;
                           
                        
                              —
                           
                           
                              EUR 10 000 in respect of material harm caused by the adverse effects on the applicant’s state of health following her dismissal;
                           
                        
                              —
                           
                           
                              EUR 58 900 in respect of material harm linked to the loss of income as a result of her unlawful dismissal;
                           
                        
            
                  —
               
               
                  Order the defendant to pay the costs of the proceedings, under Article 87 of the Rules of Procedure of the General Court.
               
            
         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 infringement of the procedural guarantees in respect of administrative and disciplinary investigations, and infringement of the rights of the defence and of the presumption of innocence.
               
            
                  2.
               
               
                  Second plea in law, alleging infringement of Article 84(1) and (3) of the Conditions of Employment of Other Servants and of the rights connected with the probationary period and a consequent manifest error of assessment by the administration.
               
            
                  3.
               
               
                  Third plea in law, alleging infringement of Article 84(2) of the Conditions of Employment of Other Servants and of the principle of proportionality:
               
            
                  4.
               
               
                  Fourth plea in law, alleging infringement of the principle of equal treatment.
               
            
                  5.
               
               
                  Fifth plea in law, concerning a claim for special damages in response to the abovementioned irregularities.