Judgment of the Civil Service Tribunal (Third Chamber) of 13 June 2012 – Macchia v Commission

(Case F-63/11) ¹

(Civil service – Members of the temporary staff – Non-renewal of a fixed-term contract – Administration’s discretion – Duty to have regard to the welfare of officials – Article 8 of the Conditions of Employment of other Servants of the European Communities – Article 4 of the decision of the Director General of OLAF, of 30 June 2005, on the engagement and employment of OLAF’s temporary staff – Maximum duration of contracts of a temporary agent)

Language of the case: French

Parties

Applicant: Luigi Macchia (Woluwé-Saint-Lambert, Belgium) (represented by: S. Rogrigues, A. Blot and C. Bernard-Glanz, lawyers)

Defendant: European Commission (represented by: J. Currall and D. Martin, acting as Agents)

Re:

Application for annulment of the implied decision not to renew the applicant’s contract as a member of the temporary staff.

Operative part of the judgment

The Tribunal:

Annuls the decision of the acting Director General of the European Anti-Fraud Office, of 12 August 2010, rejecting the application to extend Mr Macchia’s contract as a member of the temporary staff;

Rejects the application for the rest.

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¹ OJ C 226 of 30 July 2011, p. 32