CELEX: 62017TN0242
Language: en
Date: 2017-04-25 00:00:00
Title: Case T-242/17: Action brought on 25 April 2017 — SC v Eulex Kosovo

17.7.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 231/28
            
         Action brought on 25 April 2017 — SC v Eulex Kosovo
   (Case T-242/17)
   (2017/C 231/35)
   Language of the case: English
   
      Parties
   
   
      Applicant: SC (represented by: L. Moro, lawyer and A. Kunst, lawyer)
   
      Defendant: Eulex Kosovo
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Declare that the defendant infringed its contractual and non-contractual obligations towards the applicant;
            
         
               —
            
            
               Declare that the 2016 internal competition was unlawful and therefore the applicant’s contract has been unlawfully not renewed;
            
         
               —
            
            
               Order that the applicant be compensated for the losses suffered due to the unlawful non-renewal of her contract in the amount of 19 months’ gross salary plus daily allowances’ adjustments and salary increment as per ‘Remuneration of International Staff Contracted’ and ‘Indicative Level of Allowances’;
            
         
               —
            
            
               Order that the applicant be compensated for moral damages suffered as a consequence of the defendant’s unlawful acts and decisions;
            
         
               —
            
            
               Order the defendant to bear 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 infringement of paragraphs 4 and 6 of the SOP on Reconfiguration, outlining, respectively, the principles and the role and responsibilities of the Head, HRO, and of paragraphs 5 (Principles) and 7 (Selections), in particular of paragraphs 7.1 (a) and (b), 7.2 (c),(f) and (k) and 7.3 (c) of SOP on Staff Selection (infringements of a contractual nature).
            
         
               2.
            
            
               Second plea in law, alleging infringement of paragraphs 7.2 (f) and 7.3 (c) of SOP on Staff Selection and of Article. 3.2 of the defendant’ Code of Conduct, of the contractual principles of fairness and good faith (infringements of a contractual nature) and of the applicant’s right to sound administration pursuant to Article 41 of the EU Charter (infringement of a non-contractual nature).
            
         
               3.
            
            
               Third plea in law, alleging infringement of principle of impartiality and the applicant’s right of sound administration.
            
         
               4.
            
            
               Fourth plea in law, alleging infringement of the Applicant’s right to fair and just working conditions (Article 31 EU Charter), of the Decision Memorandum dated 26 January 2011 (Proposal for introduction of assessment driving skills) and the requirements set out in the 2014 calls for contributions, as well as of the right to sound administration.
            
         
               5.
            
            
               Fifth plea in law, alleging infringement of the right to fair and just working conditions (Art. 31 of the Charter).