EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 62015TJ0719
Judgment of the General Court (Appeal Chamber) of 17 January 2017.
LP v European Police Office.
Appeal — Civil Service — Temporary staff — Fixed-term contract — Decision not to renew — Implied rejection decision — Decision rejecting the complaint — Duty to state reasons — Duty to have regard for the welfare of staff.
Case T-719/15 P.
Judgment of the General Court (Appeal Chamber) of 17 January 2017.
LP v European Police Office.
Appeal — Civil Service — Temporary staff — Fixed-term contract — Decision not to renew — Implied rejection decision — Decision rejecting the complaint — Duty to state reasons — Duty to have regard for the welfare of staff.
Case T-719/15 P.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Appeal Chamber) of 17 January 2017 —
LP v Europol
(Case T‑719/15 P)
(Appeal — Civil Service — Temporary staff — Fixed-term contract — Decision not to renew — Implied rejection decision — Decision rejecting the complaint — Duty to state reasons — Duty to have regard for the welfare of staff)
1. |
Officials — Decision adversely affecting an official — Obligation to state reasons — Complete lack of reasoning — Regularisation during the proceedings — Not permissible (Art. 296 TFEU; Staff Regulations, Art. 25) (see para. 17) |
2. |
Actions brought by officials — Prior administrative complaint — Rejection decision — Account taken of the reasoning therein (Staff Regulations, Arts 90 and 91) (see paras 18-20) |
3. |
Judicial proceedings — Res judicata — Scope (see para. 25) |
4. |
Appeal — Pleas in law — Plea submitted for the first time in the context of the appeal — Inadmissibility (see paras 43, 44) |
5. |
Officials — Members of the temporary staff — Recruitment — Renewal of a fixed-term contract — Administration’s discretion — Administration’s duty to have regard for the interests of officials — Account taken of the interests of the staff member concerned — Limits (see paras 59-65, 69) |
Re:
APPEAL lodged against the order of the European Union Civil Service Tribunal [confidential], ( 1 ) and seeking annulment of that order.
Operative part
The Court:
1. |
Dismisses the appeal; |
2. |
Orders LP to bear his/her own costs and to pay the costs incurred by the European Police Office (Europol) in the present instance. |
( 1 ) Confidential information hidden.