Judgment of the Civil Service Tribunal (Second Chamber) of 29 April 2015 — CJ v ECDC

(Joined Cases F-159/12 and F-161/12) ¹

(Civil service — Contract staff — Fixed term contract — Termination — Breakdown in the relationship of trust — Right to be heard — Infringement)

Language of the case: English

Parties

Applicant: CJ (represented by: V. Kolias, lawyer)

Defendant: European Centre for Disease Prevention and Control (represented: initially by R. Trott, acting as Agent, and by A. Duron and D. Waelbroeck, lawyers, and subsequently by J. Mannheim and A. Daume, acting as Agents, and by A. Duron and D. Waelbroeck, lawyers)

Re in Case F-159/12:

Application for the annulment of the decision to terminate the applicant’s contract, his re-instatement in the service and payment to him of the difference between the emoluments he might have continued to receive and the allowance he receives, with the addition of interest.

Re in Case F-161/12:

Application for payment of damages for the non-material damage suffered by the applicant due to his dismissal.

Operative part of the judgment

The Tribunal:

Annuls the decision of 24 February 2012 of the Director of the European Centre for Disease Prevention and Control terminating CJ’s contract as a member of the contract staff;

Dismisses the action in Case F-159/12 as to the remainder;

Dismisses the action in Case F-161/12;

Declares that, in Case F-159/12, the parties shall bear their own costs;

Declares that, in Case F-161/12, CJ shall bear his own costs and orders him to pay the costs incurred by the European Centre for Disease Prevention and Control in that case;

Orders CJ, in Case F-159/12, to pay the Tribunal a sum of EUR 2 000 in order to refund part of the avoidable expenditure which the Tribunal was forced to incur.

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¹ OJ C 63, 2.3.2013, p. 26 and OJ C 55, 23.2.2013, p. 27.