Judgment of the Court of First Instance (Third Chamber) of 11 March 2008 – Guigard v Commission
(Case T-301/05)
Non-contractual liability – Non-renewal of a contract of employment financed by the EDF – Lack of unlawful conduct on the part of the Commission – Jurisdiction of the Court of First Instance
1. Procedure – Actions for damages (Arts 225 EC, 235 EC, 238 EC and 240 EC) (see paras 33-40)
2. Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – One of the conditions not present (Art. 288, second para., EC) (see paras 43-44)
3. Non-contractual liability – Conditions – Sufficiently serious breach of Community law (Art. 288 EC) (see paras 55-56)
4. Non-contractual liability – Unlawful conduct of the institutions (Art. 288 EC) (see paras 55-80, 82-86)
Re:
| ACTION for damages for the loss allegedly suffered by the applicant by reason of the allegedly wrongful conduct of the Commission in regard to the non-renewal of his contract of employment concluded in the framework of technical cooperation between the Community and the Republic of Niger financed by the European Development Fund (EDF). |
Operative part
The Court:
1. | | Dismisses the application; |
2. | | Orders Mr Philippe Guigard to pay the costs. |