Judgments (Information) nº T-571/17 of Tribunal General de la Unión Europea, April 02, 2020

• Resolution Date: April 02, 2020
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-571/17

Judgment of the General Court (Eighth Chamber) of 2 April 2020 - UG v Commission

(Case T-571/17)

(Civil service - Contract staff - Contract of indefinite duration - Article 47(c)(i) of the CEOS - Termination with notice - Grounds for termination - Conduct in the service and attitude at work incompatible with the interests of the service - Manifest error of assessment - Review of the accuracy of the facts - Lack of evidence - Liability - Material harm - Payment of salaries owed)

1. Actions brought by officials - Act adversely affecting an official - Definition - Letter from the Commission informing a member of its contract staff of its intention to terminate his or her contract of indefinite duration - Not included - Decision to terminate a contract of indefinite duration - Included

   (Staff Regulations of Officials, Arts 90(2) and 91(1); Conditions of Employment of Other Servants of the European Union, Arts 3a, 47(c)(i) and 138)

   (see paras 31-35)

2. Actions brought by officials - Act adversely affecting an official - Decision adopting a final assessment report - No prior administrative complaint - Inadmissibility

   (Art. 270 TFEU; Staff Regulations of Officials, Arts 43, first para., 90(2) and 91(2); Conditions of Employment of Other Servants of the European Union, Arts 3a and 87(1))

   (see paras 36-39)

3. Officials - Members of the contract staff - Termination of a contract concluded for an indefinite period - Administration’s discretion - Administration’s duty to have regard for the interests of officials - Account taken of the interests of the staff member concerned - Judicial review - Limits

   (Conditions of Employment of Other Servants of the European Union, Art. 47(c))

   (see paras 59-61, 77, 78)

4. Officials - Non-contractual liability of the institutions - Conditions - Unlawfulness - Harm - Causal link - Burden of proof

   (Art. 340, second para. TFEU)

   (see paras 82-85, 88)

5. Actions brought by officials - Action for damages brought without a pre-litigation procedure in accordance with the Staff Regulations - Inadmissibility

   (Staff Regulations of Officials, Arts 90 and 91)

   (see paras 94-96)

6. Actions brought by officials - Subject matter - Directions to the administration - Inadmissibility

   (Arts 266 and 270 TFEU; Staff Regulations of Officials, Art. 91)

   (see paras 101, 108)

   Re:

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