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Document 62021CJ0539
Judgment of the Court (Eighth Chamber) of 27 October 2022.
CE v Comittee of the Regions.
Appeal – Civil Service – Members of the temporary staff – Conditions of Employment of Other Servants of the European Union – Article 2(c) – Contract for an indefinite period – Early termination with notice – Article 47(c)(i) – Breakdown in relationship of trust – Terms implementing the notice – Manifest error of assessment and error of law – Omissions – Action for annulment and for damages.
Case C-539/21 P.
Judgment of the Court (Eighth Chamber) of 27 October 2022.
CE v Comittee of the Regions.
Appeal – Civil Service – Members of the temporary staff – Conditions of Employment of Other Servants of the European Union – Article 2(c) – Contract for an indefinite period – Early termination with notice – Article 47(c)(i) – Breakdown in relationship of trust – Terms implementing the notice – Manifest error of assessment and error of law – Omissions – Action for annulment and for damages.
Case C-539/21 P.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:C:2022:840
Judgment of the Court (Eighth Chamber) of 27 October 2022 –
CE v Committee of the Regions
(Case C‑539/21 P) ( 1 )
(Appeal – Civil Service – Members of the temporary staff – Conditions of Employment of Other Servants of the European Union – Article 2(c) – Contract for an indefinite period – Early termination with notice – Article 47(c)(i) – Breakdown in relationship of trust – Terms implementing the notice – Manifest error of assessment and error of law – Omissions – Action for annulment and for damages)
1. |
Appeal – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted – Requirement that the distortion be obvious from the documents in the file – Requirement for that distortion to have an impact on the General Court’s reasoning (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paragraphs 89, 90, 98, 113, 115, 125) |
2. |
Officials – Members of the temporary staff – Members of the temporary staff falling within Article 2(c) of the Conditions of Employment of Other Servants – Member of the temporary staff assigned to a political group of the Committee of the Regions – Dismissal on grounds connected with the relationship of mutual trust – Judicial review – Limits (Conditions of Employment of Other Servants, Art. 2(c)) (see paragraph 110) |
3. |
Appeal – Grounds – Plea raised for the first time in the context of the appeal – Inadmissibility – Plea seeking to address the lack of precision at first instance as regards the alleged damage– Inadmissibility (Statute of the Court of Justice, Art. 21, first para.) (see paragraph 124) |
Operative part
The Court:
1. |
Dismisses the appeal; |
2. |
Orders CE to bear her costs and to pay those incurred by the Committee of the Regions. |
( 1 ) OJ C 37, 24.1.2022.