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Document 62019TJ0164
Judgment of the General Court (Seventh Chamber) of 14 July 2021.
AQ v European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice.
Civil service – Members of the temporary staff – Sick leave – Termination of the contract without notice – Article 16 of the CEOS – Article 48(b) of the CEOS – Duty of care – Article 34 of the Charter of Fundamental Rights – Liability – Material harm – Non-material harm – Causal link.
Case T-164/19.
Judgment of the General Court (Seventh Chamber) of 14 July 2021.
AQ v European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice.
Civil service – Members of the temporary staff – Sick leave – Termination of the contract without notice – Article 16 of the CEOS – Article 48(b) of the CEOS – Duty of care – Article 34 of the Charter of Fundamental Rights – Liability – Material harm – Non-material harm – Causal link.
Case T-164/19.
Court reports – general
ECLI identifier: ECLI:EU:T:2021:456
Judgment of the General Court (Seventh Chamber) of 14 July 2021 –
AQ v eu-LISA
(Case T‑164/19)
(Civil service – Members of the temporary staff – Sick leave – Termination of the contract without notice – Article 16 of the CEOS – Article 48(b) of the CEOS – Duty of care – Article 34 of the Charter of Fundamental Rights – Liability – Material harm – Non-material harm – Causal link)
1. |
Actions brought by officials – Action against a decision rejecting a complaint – Admissibility – Obligation to rule on claims directed against the decision rejecting the complaint – Claims lacking independent content or purely confirmatory decision – None (Staff Regulations of Officials, Arts 90 and 91) (see paras 35, 36) |
2. |
Judicial proceedings – Introduction of new pleas during the proceedings – Conditions – Plea based on matters which have come to light in the course of the procedure – Absence – Amplification of an existing plea – No amplification – Inadmissibility (Rules of Procedure of the General Court, Art. 84(1)) (see paras 58-60, 63, 64, 71) |
3. |
Officials – Members of the temporary staff – Termination of a fixed-term contract following sick leave – Conditions – Exceeding the period set for paid sick leave – Calculation of the length of time worked by the member of staff – Taking into account of services performed under the scheme for part-time work on medical grounds (Conditions of Employment of Other Servants, Arts 16, second and third paras, and 48(b)) (see paras 73, 74) |
4. |
Officials – Members of the temporary staff – Termination of a fixed-term contract following sick leave – Conditions – Exceeding the period set for paid sick leave – Investigation – Administration’s discretion – Scope (Charter of Fundamental Rights of the European Union, Art. 34(1); Conditions of Employment of Other Servants, Arts 16, second and third paras, and 48(b)) (see paras 82-90) |
5. |
Officials – Non-contractual liability of the institutions – Conditions – Unlawfulness – Damage – Causal link – Burden of proof (Art. 340, second para., TFEU) (see paras 97-100) |
6. |
Officials – Non-contractual liability of the institutions – Conditions – Unlawfulness – Concept – Termination of a fixed term contract at the end sick leave without automatic verification of the state of health of the agent concerned – Breach of duty of care – None – Not included (Art. 340, second para., TFEU; Staff Regulations of Officials, Arts 9(1) and 59(4); Conditions of Employment of Other Servants, Arts 16(1) and 33(2); Rules on insurance against the risk of accident and of occupational disease, Arts 1, 15 and 16) (see paras 106-116) |
7. |
Officials – Organisation of departments – Assignment of staff – Administration's discretion – Limits – Interests of the service – Compliance with the principle of assignment to an equivalent post (Staff Regulations of Officials, Art. 7(1)) (see para. 125) |
8. |
Actions brought by officials – Actions for damages – Annulment of the illegal act in dispute – Whether appropriate reparation for non-material damage – Limits (Staff Regulations of Officials, Art. 91) (see para. 130) |
Re:
Action under Article 270 TFEU seeking, first, annulment of the decision of eu-LISA of 8 May 2018 to terminate the applicant’s contract as a member of the temporary staff and, secondly, compensation for the loss which the applicant claims to have suffered as a result of that decision,
Operative part
The Court:
1. |
Annuls the decision of 8 May 2018 by which the Executive Director of the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) terminated the employment of AQ as a temporary agent; |
2. |
Dismisses the action as to the remainder; |
3. |
Orders AQ and eu-LISA to bear their own costs; |
4. |
Orders the Council of the European Union to bear its own costs. |