Action brought on 22 September 2006 - Krčová v Court of Justice

(Case F-112/06)

Language of the case: French

Parties

Applicant: Erika Krčová (Trnava, Slovakia) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Court of Justice of the European Communities

Form of order sought

The applicant claims that the Tribunal should:

annul the Court of Justice's decision of 18 October 2005 to dismiss the applicant at the end of her probationary period and, in so far as necessary, the Court of Justice's decisions of 16 September 2005, extending her probationary period for two months from the preceding 1 August, and of 12 September 2005, establishing a probation report recommending the applicant's dismissal;

order the defendant to pay the costs.

Pleas in law and main arguments

In support of her action, the applicant invokes three pleas in law, the first of which alleges breach of Article 34 of the Staff Regulations, breach of the duty to have regard for the welfare of officials, manifest error of assessment, failure to state the grounds and breach of essential procedural requirements. In particular, the appointing authority, in adopting the contested decisions, failed to comply with the time-limits laid down in Article 34 of the Staff Regulations and failed, among other things, to ensure that the conditions of the applicant's probationary period were proper.

The second plea in law alleges misuse of powers and abuse of process by the Complaints Committee of the Court of Justice.

The third plea in law alleges breach of the principles of sound administration and good management and interference with the rights of the defence.

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