Judgment of the General Court (Seventh Chamber) of 22 September 2017 — D’Agostino v Commission
(Case T‑501/16 RENV)
(Civil Service — Contractual staff — Article 3a of the CEOS — Contract not renewed — Articles 12a and 24 of the Staff Regulations — Duty of care — Interest of the service)
1. Officials — Members of the temporary staff — Recruitment — Renewal of a fixed-term contract — Administration’s discretion — Administration’s duty to have regard for the interests of officials –Account taken of the interests of the staff member concerned and of the service
(Conditions of Employment of Other Servants of the European Communities, Art. 47)
(see paras 38, 44, 58)
2. Officials — Obligation of administration to provide assistance — Scope –Renewal of the contractual situation of a staff member — Not included
(Staff Regulations, Arts 12a and 24; Conditions of Employment of Other Servants of the European Communities, Art. 87)
(see para. 53)
3. Acts of the institutions — Statement of reasons — Obligation — Decision adversely affecting an official — Scope
(Art. 296 TFEU)
(see paras 65-67)
4. Judicial proceedings — Costs — Burden thereof — Taking into account of the requirements of equity — Order for the successful party to pay the costs
(Rules of Procedure of the General Court, Arts 134(1), and 135(1))
(see para. 79)
Re:
| APPLICATION on the basis of Article 270 TFEU, seeking, firstly, the annulment of the Commission’s decision of 1 December 2011 not to renew the applicant’s contract as a member of the contractual staff and, secondly, compensation for the loss which he allegedly suffered. |
Operative part
The Court:
2. | | Orders Mr Luigi D’Agostino to pay the costs of the present proceedings and of Case F‑93/12 and to bear his own costs in Case T‑670/13 P; |
3. | | Orders the European Commission to bear its own costs in Case T‑670/13 P. |