Judgment of the Civil Service Tribunal (Second Chamber) of 17 July 2012 – BG v European Ombudsman

(Case F-54/11) ¹

(Civil service – Disciplinary measure – Disciplinary sanction – Removal from post – Existence of a preliminary investigation before the national criminal courts at the time of adoption of the decision to remove the applicant from her post – Equal treatment for men and women – Prohibition of the dismissal of a pregnant worker during the period from the beginning of pregnancy to the end of maternity leave)

Language of the case: French

Parties

Applicant: BG (represented by: L. Levi and A. Blot, lawyers)

Defendant: European Ombudsman (represented by: J. Sant’Anna, Agent, D. Waelbroeck and A. Duron, lawyers)

Re:

Civil service – Application for annulment of the decision to apply to the applicant the disciplinary measure of dismissal without loss of pension rights. Consequently, a claim, primarily, to restore the applicant to her post and, in the alternative, to grant her a sum corresponding to the remuneration which she would have received between the date of effect of the dismissal and the date at which she will reach retirement age. In any event, the grant of a sum to the applicant in respect of the non-material damage suffered.

Operative part of the judgment

The Tribunal:

Dismisses the action brought by BG;

Orders BG to bear her own costs and to pay the costs incurred by the European Ombudsman.

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¹ OJ C 204, 9.7.2011, p. 30.