Judgment of the Civil Service Tribunal (Third Chamber) of 15 December 2015 — Clarke, Dickmanns and Papathanasiou v OHIM

(Joined cases F-101/14, F-102/14 and F-103/14) ¹

(Civil service — Temporary staff — OHIM staff — Fixed-term contract including a termination clause — Clause terminating a contract if the agent is not included on the reserve list of a competition — Date of effect of the termination clause –OHIM/AD/01/13 and OHIM/AST/02/13 open competitions)

Language of the case: German

Parties

Applicants: Nicole Clarke, Sigrid Dickmanns and Elisavet Papathanasiou (Alicante, Spain) (represented by: H. Tettenborn, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Lukošiūtė, acting as Agent, and B. Wägenbaur, lawyer)

Re:

First, the action for annulment of the defendant’s decision to apply in the context of the open competitions OHIM/AD/01/13 and OHIM/AST/02/13 the clause contained in the applicants’ contracts of employment, which provides for the termination of the contract in the event of their failing the next open competition for their function groups with the specialisation ‘industrial property’, and, secondly, the claim that OHIM be ordered to pay compensation in respect of the non-material damage and material damage caused to the applicants.

Operative part of the judgment

The Tribunal:

Dismisses the actions.

Declares that Ms Clarke, Ms Papathanasiou and Ms Dickmanns shall bear their own costs and orders them to pay half the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs).

Declares that the Office for Harmonisation in the Internal Market (Trade Marks and Designs) shall bear half of its own costs.

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¹ OJ C 7, 12.1.2015, p. 50, p. 51 and p. 52.