Judgment of the General Court (Fifth Chamber) of 11 July 2019 –
BP v FRA
(Case T‑888/16)
(Civil service — Members of the contract staff — FRA — Fixed-term contract — Decision not to renew — New decision adopted following an annulment by the General Court — Rights of the defence — Principle of sound administration — Obligation to state reasons — Liability)
1. Judicial proceedings — Application for measures of inquiry and organisation of procedure — Conditions
(Rules of Procedure of the General Court, Arts 89 and 91)
(see paras 79-81, 94, 95)
2. Judicial proceedings — Production of evidence — Time limit — Evidence lodged out of time — Conditions
(Rules of Procedure of the General Court, Art. 85)
(see paras 99, 100)
3. Judicial proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based — Analogous requirements with regard to grounds in support of a plea — General reference to documents annexed to the application — Inadmissibility
(Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 76(d))
(see paras 122, 186-188, 236, 255, 273, 304, 326)
4. Actions brought by officials — Judgment annulling a measure — Effects — Obligation to implement — Judgment annulling a decision not to renew the contract of a member of the contract staff — Both the operative part and the grounds of the judgment to be taken into account — Retroactive effect of annulment — Scope
(Art. 266 TFEU)
(see paras 130-134, 189-195)
5. Officials — Decision adversely affecting an official — Obligation to state reasons — Scope
(Art. 296, second para. TFEU; Staff Regulations of Officials, Art. 25, second para.)
(see paras 139-141)
6. Officials — Principles — Rights of defence — Obligation to hear the person concerned before adopting a measure adversely affecting him — Scope
(Charter of Fundamental Rights of the European Union, Art. 41(2))
(see para. 152)
7. Fundamental rights — Charter of Fundamental Rights of the European Union — Right to sound administration — Requirement of impartiality — Right of access of any person to the file concerning him — Scope
(Charter of Fundamental Rights of the European Union, Art. 41(1) and (2); Staff Regulations of Officials, Art. 26; Conditions of Employment of Other Servants of the European Union, Art. 11)
(see paras 162, 171, 172, 205)
8. Action for annulment — Actionable measures — Preparatory measures — Not included
(Art. 263 TFEU)
(see para. 215)
9. Officials — Non-contractual liability of the institutions — Conditions — Unlawfulness — Damage — Causal link — Cumulative conditions
(Art. 340, second para. TFEU)
(see paras 313, 314)
10. 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 paras 315-317)
11. Actions for damages — Autonomy in relation to the action for annulment — Action seeking the withdrawal of an individual decision which has become definitive — Inadmissibility
(Arts 268 and 340, second para. TFEU)
(see paras 320, 321)
Re:
| Action under Article 270 TFEU, seeking (i) annulment of the FRA decision of 4 April 2016 not to renew the applicant’s contract as a member of the contract staff, adopted as a result of the implementation of the judgment of 3 June 2015, BP v FRA, (T‑658/13 P, EU:T:2015:356); and (ii) compensation for the damage which the applicant allegedly suffered. |
Operative part
The Court:
2. | | Orders BP to bear her own costs and pay those incurred by the European Union Fundamental Rights Agency (FRA). |