This document is an excerpt from the EUR-Lex website
Document 62020TJ0650
Judgment of the General Court (First Chamber) of 7 June 2023.
KD v European Union Intellectual Property Office.
Civil service – Members of the temporary staff – Members of Staff of EUIPO – Contract for a fixed period – Non-renewal – Competent authority – Principle of sound administration – Right to be heard – Liability – Non-material damage.
Case T-650/20.
Judgment of the General Court (First Chamber) of 7 June 2023.
KD v European Union Intellectual Property Office.
Civil service – Members of the temporary staff – Members of Staff of EUIPO – Contract for a fixed period – Non-renewal – Competent authority – Principle of sound administration – Right to be heard – Liability – Non-material damage.
Case T-650/20.
Court reports – general
ECLI identifier: ECLI:EU:T:2023:305
Judgment of the General Court (First Chamber) of 7 June 2023 –
KD v EUIPO
(Case T‑650/20) ( 1 )
(Civil service – Members of the temporary staff – Members of Staff of EUIPO – Contract for a fixed period – Non-renewal – Competent authority – Principle of sound administration – Right to be heard – Liability – Non-material damage)
1. |
EU institutions – Exercise of powers – Delegation – Authority or sub-delegation conferred on a person carrying on a specific function within the institutions – Change in the person carrying on that function – Irrelevant to the validity of the authority or subdelegation (Staff Regulations of Officials, Art. 2(1); Conditions of Employment of Other Servants, Art. 6; European Parliament and Council Regulation 2017/1001, Art. 153(2)) (see paragraphs 34, 35, 39, 40) |
2. |
Officials – Members of the temporary staff – Recruitment – Non-renewal of a fixed-term contract – Concept of decision adversely affecting an official concerning non-renewal of a contract – Decision adopted without first giving the interested party the opportunity to comment – Infringement of the right to be heard – Consequences (Charter of Fundamental Rights of the European Union, Art. 41(2)) (see paragraphs 56-60, 64-69) |
Operative part
The Court:
1. |
Annuls the decision of the European Union Intellectual Property Office (EUIPO) of 1 April 2020 not to renew the contract of KD; |
2. |
Dismisses the action as to the remainder; |
3. |
Orders EUIPO, in addition to bearing its own costs, to pay three quarters of the costs incurred by KD; |
4. |
Orders KD to bear a quarter of her own costs. |
( 1 ) OJ C 19, 18.1.2021.