This document is an excerpt from the EUR-Lex website
Document 62017TA0242
Case T-242/17 RENV: Judgment of the General Court of 19 October 2022 — SC v Eulex Kosovo (Arbitration clause — Common foreign and security policy — Civil international staff of EU international missions — Consecutive fixed-term employment contracts — Internal competition — Non-renewal of a fixed-term contract — Contractual liability — Non-contractual liability — Action for damages — Jurisdiction of the General Court — Admissibility — Procedure by default)
Case T-242/17 RENV: Judgment of the General Court of 19 October 2022 — SC v Eulex Kosovo (Arbitration clause — Common foreign and security policy — Civil international staff of EU international missions — Consecutive fixed-term employment contracts — Internal competition — Non-renewal of a fixed-term contract — Contractual liability — Non-contractual liability — Action for damages — Jurisdiction of the General Court — Admissibility — Procedure by default)
Case T-242/17 RENV: Judgment of the General Court of 19 October 2022 — SC v Eulex Kosovo (Arbitration clause — Common foreign and security policy — Civil international staff of EU international missions — Consecutive fixed-term employment contracts — Internal competition — Non-renewal of a fixed-term contract — Contractual liability — Non-contractual liability — Action for damages — Jurisdiction of the General Court — Admissibility — Procedure by default)
OJ C 482, 19.12.2022, p. 13–13
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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19.12.2022 |
EN |
Official Journal of the European Union |
C 482/13 |
Judgment of the General Court of 19 October 2022 — SC v Eulex Kosovo
(Case T-242/17 RENV) (1)
(Arbitration clause - Common foreign and security policy - Civil international staff of EU international missions - Consecutive fixed-term employment contracts - Internal competition - Non-renewal of a fixed-term contract - Contractual liability - Non-contractual liability - Action for damages - Jurisdiction of the General Court - Admissibility - Procedure by default)
(2022/C 482/18)
Language of the case: English
Parties
Applicant: SC (represented by: A. Kunst, lawyer)
Defendant: Eulex Kosovo (Pristina, Kosovo) (represented by: L.-G. Wigemark, acting as Agent, and by E. Raoult, lawyer)
Re:
By her action based on Articles 272 and 268 TFEU, the applicant asks the General Court, in essence, after finding, first, that Eulex Kosovo had failed to fulfil its contractual and non-contractual obligations and, secondly, that the decision not to accept her application following the internal competition which took place on 19 July 2016 for the post of prosecutor and the decision not to renew her final employment contract which resulted from that decision are unlawful, to order Eulex Kosovo to compensate her for the material and non-material damage she allegedly suffered as a result.
Operative part of the judgment
The Court:
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1. |
Orders Eulex Kosovo to pay SC compensation in respect of the material damage suffered, equivalent to 19 months’ gross salary, to which the daily subsistence allowance and the salary increase should be added, to correspond to the situation in which the final employment contract was renewed until 14 June 2018, together with compensation for the non-material damage suffered, assessed on ex æquo et bono at EUR 50 000; |
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2. |
Orders Eulex Kosovo to pay the costs relating to the present proceedings and to the proceedings in Case C-730/18 P and Case T-242/17. |