Judgment of the General Court (Seventh Chamber) of 12 September 2019 –
Manéa v CdT
(Case T‑225/18)
(Civil service — Temporary members of staff — Fixed-term contract — Decision not to renew the applicant’s contract — Withdrawal of the decision and adoption of a new decision refusing renewal with effect from the date of the first decision — Liability)
1. Officials — Members of the temporary staff — Recruitment — Non-renewal of a fixed-term contract — Decision adopted without first giving the interested party the opportunity to comment — Infringement of the right to be heard — Consequences
(see paras 31-34)
2. Officials — Organisation of departments — Assignment of staff — Administration’s discretion — Freedom to organise administrative units — Scope
(Staff Regulations of Officials, Art. 5(3))
(see para. 62)
3. Officials — Members of the temporary staff — Recruitment — Renewal of a fixed-term contract — Administration's discretion — Judicial review — Limits — Manifest error of assessment — Concept — Burden of proof
(Conditions of Employment of Other Servants of the European Union, Arts 2(a), 8, first para., and 47(b))
(see paras 63, 64)
4. Acts of the institutions — Withdrawal — Unlawful acts — Conditions — Effects
(see paras 79, 80)
5. Officials — Non-contractual liability of the institutions — Conditions — Unlawfulness — Damage — Causal link
(see paras 112, 119-122)
6. Actions brought by officials — Application for damages linked to an application for annulment — Dismissal of claim for annulment leading to dismissal of the claim for compensation
(Staff Regulations of Officials, Art. 91)
(see para. 113)
Re:
| Application under Article 270 TFEU for, first, annulment of the CdT’s decision of 29 May 2017 not to renew the applicant’s employment contract, second, an order that the CdT is to reinstate her within the CdT, and, third, compensation for the material and non-material damage resulting from the loss of permanent employment and from the CdT’s decision of 12 November 2015 not to renew the applicant’s employment contract. |
Operative part
The Court:
2. | | Orders Ms Camelia Manéa to pay the costs. |