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18.1.2016 |
EN |
Official Journal of the European Union |
C 16/28 |
Judgment of the General Court of 24 November 2015 — Commission v D’Agostino
(Case T-670/13 P) (1)
((Appeal - Cross-appeal - Civil service - Member of the contract staff - Decision not to renew the contract - Duty of care - Infringement of Article 12a(2) of the Staff Regulations - Obligation to state reasons - Distortion of the file))
(2016/C 016/34)
Language of the case: French
Parties
Appellant: European Commission (represented initially by J. Currall and G. Gattinara, and subsequently by G. Gattinara, Agents)
Other party to the proceedings: Luigi D’Agostino (Luxembourg, Luxembourg), (represented by: M.-A. Lucas, lawyer)
Re:
Appeal brought against the judgment of the Civil Service Tribunal (Third Chamber) of 23 October 2013 in Case F-93/12 D’Agostino v Commission (F-93/12, ECR-SC, EU:F:2013:155), seeking to have that judgment set aside.
Operative part of the judgment
The Court:
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1. |
Sets aside the judgment of the European Union Civil Service Tribunal (Third Chamber) of 23 October 2013 in D’Agostino v Commission (F-93/12) in so far the Civil Service Tribunal incorrectly applied the duty of care; |
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2. |
Dismisses the remainder of the main appeal; |
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3. |
Sets aside the judgment in D’Agostino v Commission in so far as the Civil Service Tribunal failed to adjudicate on the first part of the second ground of appeal and distorted it; |
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4. |
Dismisses the cross-appeal for the remainder; |
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5. |
Refers the case back to the Civil Service Tribunal; |
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6. |
Reserves the costs. |