Judgment of the Civil Service Tribunal (3rd Chamber) of 23 October 2013 – D'Agostino v Commission

(Case F-93/12) ¹

(Civil service – Member of the contract staff – Article 3a of the CEOS – Non-renewal of a contract – Duty of care – Interests of the service – Full and detailed examination within all departments of the possibility of employment corresponding to the tasks envisaged in the contract)

Language of the case: French

Parties

Applicant: Luigi D’Agostino (Luxembourg, Luxembourg) (represented by: M.-A. Lucas, lawyer)

Defendant: European Commission (represented by: G. Gattinara and D. Martin, Agents)

Re:

Application to annul the decision not to renew the applicant’s contract as a member of the contract staff.

Operative part of the judgment

The Tribunal:

Annuls the European Commission’s decision of 1 December 2011 not to renew Mr D’Agostino’s contract;

Dismisses the action as to the remainder;

Orders the Commission to bear its own costs and to pay one third of the costs incurred by Mr D’Agostino;

Orders Mr D’Agostino to bear two thirds of his own costs.

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¹ OJ C 343, 10.11.2012, p. 23.