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Document 62016TJ0692

Judgment of the General Court (First Chamber) of 13 December 2017.
CJ v European Centre for Disease Prevention and Control (ECDC).
Civil service — Members of the contract staff — Fixed-term contract — Article 47(b) of the CEOS — Annulment of early termination decision — Article 266 TFEU — Compliance with a judgment of the Civil Service Tribunal — Adoption of new early termination decision — Retroactive effect.
Case T-692/16.

Judgment of the General Court (First Chamber) of 13 December 2017 — CJ v ECDC

(Case T‑692/16)

(Civil service — Members of the contract staff — Fixed-term contract — Article 47(b) of the CEOS — Annulment of early termination decision — Article 266 TFEU — Compliance with a judgment of the Civil Service Tribunal — Adoption of new early termination decision — Retroactive effect)

1. 

Actions brought by officials—Judgment annulling a measure—Effects—Obligation to implement—Scope—Both the operative part and the grounds of the judgment to be taken into account—Annulment, for a procedural defect, of an early termination decision of a fixed-term contract—Adoption of a new termination decision correcting the defect—Retroactivity of that decision—Lawfulness—Conditions

(Art. 266 TFEU)

(see paras 38, 42, 46, 53-56, 66-68, 73, 77, 85)

2. 

Officials—Members of the contract staff—Early termination of a fixed-term contract—Administration’s discretion—Administration’s duty to have regard for the interests of officials—Taking into consideration of the interests of the staff member concerned and those of the service—Justification based on breakdown in the relationship of trust—Judicial review—Limits

(Conditions of Employment of Other Servants, Art. 47)

(see paras 80, 82, 90)

3. 

Officials—Decision adversely affecting an official—Obligation to state reasons—Scope

(Staff Regulations, Art. 25, second para.)

(see paras 115, 116)

4. 

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, Arts 90 and 91)

(see para. 122)

5. 

Officials—Non-contractual liability of the institutions—Conditions—Unlawfulness—Injury—Causal link—Cumulative conditions

(see para. 124)

Re:

ACTION brought under Article 270 TFEU seeking, on the one hand, the annulment, first, of the ECDC decision of 2 December 2015 terminating, with retroactive effect as from 30 April 2012, the applicant’s contract as a member of the contract staff and, secondly, of the ECDC decision of 27 June 2016 rejecting the complaint lodged by the applicant against that termination decision and, on the other hand, compensation for the loss allegedly suffered by the applicant.

Operative part

The Court:

1. 

Dismisses the action;

2. 

Orders CJ to pay the costs.

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