Judgment of the General Court (Eighth Chamber) of 13 July 2022 –
TL v Commission
(Case T‑438/21) (1)
(Civil service – Members of the temporary staff – Fixed-term contract – Decision not to renew the contract – Vacancy notice – Manifest error of assessment – Duty of care – Psychological harassment – Liability)
1. Officials – Members of the temporary staff – Recruitment – Concluding a contract with a view to filling a permanent post temporarily – Conditions
(Staff Regulations of Officials, Art. 1a(1); Conditions of Employment of Other Servants, Arts 2(b), 3 to 5 and 8, second para.)
(see paragraphs 33-35, 49)
2. Officials – Members of the temporary staff – Recruitment – Renewal of a fixed-term contract – Administration’s discretion – Duty of the administration to have regard for the welfare of officials – Taking into consideration of the interests of the staff member concerned and those of the service – Judicial review – Limits – Manifest error of assessment – Concept
(Conditions of Employment of Other Servants, Arts 2, 3a and 8)
(see paragraphs 37, 60-62)
3. Officials – Members of the temporary staff – Recruitment – Non-renewal of a fixed-term contract – Allegation of psychological harassment – Requirement for a link between the harassment and the grounds of the decision not to renew
(Staff Regulations of Officials, Art. 12a)
(see paragraph 74)
Operative part
The Court:
2. | | Orders TL to pay the costs. |