Claimant PJ, having two young children at home, was dismissed by her Appointing Authority on her demand to be exceptionally authorized to derogate from article 20 of the Staff Regulations.
She, nevertheless, was successful on her request for interim measures submitted to the EU Court of Justice to allow her to telework from her place of origin (instead of her place of employment) during COVID 19 pandemic.
The Court considers the interim measures could not prejudice the decision on the substance but, on the contrary, the implementation of the challenged decision would cause serious and irreparable damage on the claimant’s situation.
Without any prejudice to the decision on the main action, the Court also rules about the duty of care during COVID-19 pandemic, that it “calls for greater care and support measures to respond to personal situations that make it particularly difficult to perform duties” and in relation to children needs that “the existing quarantine measures may reduce the amount of time the claimant will be able to spend with her family and children, while prolonged social distancing and distant schooling have accentuated the role and importance of the follow-up and accompaniment that parents must provide for their children”
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