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Document 62017TN0571
Case T-571/17: Action brought on 22 August 2017 — UG v Commission
Case T-571/17: Action brought on 22 August 2017 — UG v Commission
Case T-571/17: Action brought on 22 August 2017 — UG v Commission
OJ C 357, 23.10.2017, p. 25–26
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
23.10.2017 |
EN |
Official Journal of the European Union |
C 357/25 |
Action brought on 22 August 2017 — UG v Commission
(Case T-571/17)
(2017/C 357/33)
Language of the case: French
Parties
Applicant: UG (represented by: M. Richard and P. Junqueira de Oliveira, lawyers)
Defendant: European Commission
Form of order sought
— |
Annul the decision of the European Commission of 18 May 2017 (No R/40/17) and all the decisions which form the basis thereof; |
— |
Order the re-employment of the applicant; |
— |
Order the European Commission to pay pending salaries and damages of EUR 40 000; |
— |
Annul the salary deductions made unlawfully; |
— |
Reimburse the sum of EUR 6 818,81 deducted in excess of the salary deductions made unlawfully; |
— |
Order the European Commission to pay all the costs and to pay the legal fees, provisionally assessed at EUR 10 000. |
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 right to be heard, in that the Commission organised no more than a semblance of a procedure prior to dismissal. |
2. |
Second plea in law, alleging material errors vitiating the contested decision, in that the grounds on which it is based are imprecise, not real and not genuine. |
3. |
Third plea in law, alleging misuse of powers, in that the Commission dismissed the applicant because of the applicant’s trade union activities and for having taken parental leave. |
4. |
Fourth plea in law, alleging infringements of Article 42 of the Staff Regulations of Officials, Clause 5.4 of the Revised Framework Agreement on parental leave following Council Directive 2010/18/EU of 8 March 2010 implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC (OJ 2010 L 68, p. 13), Article 7 of Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community — Joint declaration of the European Parliament, the Council and the Commission on employee representation (OJ 2002 L 80, p. 29) and Annex IX to the Staff Regulations, failing to follow the disciplinary procedure. |
5. |
Fifth plea in law, alleging that the penalty is disproportionate. |