Judgment of the General Court of 4 December 2013 – ETF v Schuerings

(Case T-107/11) ¹

(Appeal – Civil service – Temporary staff – Contract of indefinite duration – Decision to terminate – Jurisdiction of the Civil Service Tribunal – Articles 2 and 47 CEOS – Duty of care – Concept of interests of the service – Prohibition on ruling ultra petita – Rights of the defence)

Language of the case: French

Parties

Appellant: European Training Foundation (ETF) (represented by: L. Levi, lawyer)

Other party to the proceedings: Gisela Schuerings (represented by: N. Lhoëst, lawyer)

Interveners in support of the appellant: European Commission (represented by: J. Currall and D. Martin, acting as Agents); European Medicines Agency (EMA) (represented: initially by V. Salvatore, and subsequently by T. Jabłoński, acting as Agents); European Environment Agency (EEA) (represented by: O. Cornu, acting as Agent); European Aviation Safety Agency (EASA) (represented by: P. Goudou, acting as Agent); European Union Agency for Network and Information Security (ENISA) (represented by: E. Maurage, acting as Agent); Translation Centre for the Bodies of the European Union (CdT) (represented by: J. Rikkert and M. Garnier, acting as Agents); European Centre for Disease Prevention and Control (ECDC) (represented by: M. Heikkilä, acting as Agent); and European Food Safety Authority (EFSA) (represented by: D. Detken, acting as Agent)Re:Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 9 December 2010 in Case F-87/08 Schuerings v ETF, not yet published in the ECR, and seeking that that judgment be set aside.Operative part of the judgmentThe Court:Sets aside the judgment of the European Union Civil Service Tribunal (Second Chamber) of 9 December 2010 in Case F-87/08 Schuerings v ETF, in so far as it set aside the decision of the European Training Foundation (ETF) of 23 October 200

7 te

rminating the indefinite contract of Ms Gisela Schuerings and dismissing, as a result, her application for compensation for the material harm suffered as being premature;Dismisses the remainder of the appeal;Refers t

he case back to the Civil Servi

ce Tribunal

;Reserves the costs.