This document is an excerpt from the EUR-Lex website
Document 62016TJ0591
Judgment of the General Court (Ninth Chamber) of 13 December 2018.
Kari Wahlström v European Border and Coast Guard Agency.
Civil service — Members of the temporary staff — Frontex — Non-renewal of a fixed-term contract — Article 8 of the CEOS — Duty of care — Use of an annulled appraisal report — Manifest error of assessment — Liability — Costs — Equity — Article 135(1) of the Rules of Procedure.
Case T-591/16.
Judgment of the General Court (Ninth Chamber) of 13 December 2018.
Kari Wahlström v European Border and Coast Guard Agency.
Civil service — Members of the temporary staff — Frontex — Non-renewal of a fixed-term contract — Article 8 of the CEOS — Duty of care — Use of an annulled appraisal report — Manifest error of assessment — Liability — Costs — Equity — Article 135(1) of the Rules of Procedure.
Case T-591/16.
Judgment of the General Court (Ninth Chamber) of 13 December 2018 –
Wahlström v Frontex
(Case T‑591/16)
(Civil service — Members of the temporary staff — Frontex — Non-renewal of a fixed-term contract — Article 8 of the CEOS — Duty of care — Use of an annulled appraisal report — Manifest error of assessment — Liability — Costs — Equity — Article 135(1) of the Rules of Procedure)
1. |
Officials — Members of the temporary staff — Recruitment — Renewal of a fixed-term contract — Administration’s discretion — Judicial review — Limits — Manifest error of assessment — Concept — Burden of proof (Conditions of Employment of Other Servants of the European Union, Arts 2(a), 8, first para. and 47(1)(b)) (see paras 45-50) |
2. |
Officials — Members of the temporary staff — Recruitment — Renewal of a fixed-term contract — Administration’s discretion — Limits — Duty to have regard for the welfare of officials — Obligation to take into account the appraisal report — None (Staff Regulations of Officials, Art. 43, first para.; Conditions of Employment of Other Servants of the European Union, Arts 2(a), 8, 14(3) and 15(2)) (see paras 54-57, 62-64, 67) |
3. |
Actions for annulment — Judgment annulling a measure — Effects — Obligation to implement — Scope — Both the operative part and the grounds of the judgment to be taken into account — Retroactive effect of annulment — Decision not necessarily having to be on the same grounds as those appearing in the annulled measure (Art. 266 TFEU) (see paras 80-83, 85, 89, 90) |
4. |
Actions for annulment — Pleas in law — Manifest error of assessment — Error with no decisive influence on the result — Invalid plea in law (see paras 92, 121-123) |
5. |
Officials — Reports procedure — Appraisal report — Obligation to state reasons — Scope — Need for consistency between the analytic assessments and the comments (Staff Regulations of Officials, Art. 43) (see paras 97, 117) |
6. |
Officials — Non-contractual liability of the institutions — Conditions — Unlawfulness — Damage — Causal link — Cumulative conditions (Art. 340, second para. TFEU) (see paras 127-129) |
Re:
Action under Article 270 TFEU seeking, first, annulment of the decision of 26 June 2015 not to renew the applicant’s contract as a member of the temporary staff of Frontex and, secondly, compensation for the harm allegedly suffered by the applicant due to the loss of salary consequent thereon and the loss of corresponding pension rights.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders each party to bear its own costs. |