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.