Judgment of the Civil Service Tribunal (Third Chamber) of 26 June 2013 – BM v ECB

(Case F-78/11) ¹

(Civil service – ECB Staff – Retroactive extension of the probationary period – Decision to end the contract during the probationary period – Disciplinary proceedings)

Language of the case: English

Parties

Applicant: BM (Frankfurt am Main, Germany) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank (ECB) (represented: initially by P. Embley, M. López Torres and E. Carlini, acting as Agents, and subsequently by M. López Torres and E. Carlini, acting as Agents, and by B. Wägenbaur, lawyer)

Re:

Application to annul the ECB’s decision to terminate the applicant’s contract during the probationary period because of a disciplinary fault punished by a reprimand.

Operative part of the judgment

The Tribunal:

Annuls the decision of the Executive Board of the European Central Bank of 20 May 2011, which terminates BM’s contract as of 31 October 2011;

Dismisses the action as to the remainder;

Declares that the European Central Bank is to bear its own costs and orders it to pay the costs incurred by BM.

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¹ OJ C 319, 29.10.11, p. 30.