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Document 62002TJ0144
Judgment of the Court of First Instance (First Chamber) of 5 October 2004. # Richard J. Eagle and Others v Commission of the European Communities. # Staff employed at the JET Joint Undertaking - Equal treatment - Failure to confer status of temporary servant - Article 152 EA - Reasonable time - Material damage sustained. # Case T-144/02.
Judgment of the Court of First Instance (First Chamber) of 5 October 2004.
Richard J. Eagle and Others v Commission of the European Communities.
Staff employed at the JET Joint Undertaking - Equal treatment - Failure to confer status of temporary servant - Article 152 EA - Reasonable time - Material damage sustained.
Case T-144/02.
Judgment of the Court of First Instance (First Chamber) of 5 October 2004.
Richard J. Eagle and Others v Commission of the European Communities.
Staff employed at the JET Joint Undertaking - Equal treatment - Failure to confer status of temporary servant - Article 152 EA - Reasonable time - Material damage sustained.
Case T-144/02.
ECLI identifier: ECLI:EU:T:2004:290
JUDGMENT OF THE COURT OF FIRST INSTANCE (First Chamber)
5 October 2004(1)
(Staff employed at the JET Joint Undertaking – Equal treatment – Failure to confer status of temporary servant – Article 152 EAEC – Reasonable time – Material damage sustained)
In Case T-144/02, Richard J. Eagle, residing in Oxfordshire (United Kingdom), and the 12 applicants whose names appear in the annex, represented by D. Beard, Barrister,applicants,
v
Commission of the European Communities, represented by J. Currall and L. Escobar Guerrero, acting as Agents, with an address for service in Luxembourg,defendant,
supported byCouncil of the European Union, represented by J.-P. Hix and A. Pilette, acting as Agents,intervener,
APPLICATION for damages for the material loss sustained as a result of the failure to recruit the applicants as temporary servants of the Communities during the time they worked at the Joint European Torus (JET) Joint Undertaking,THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES (First Chamber),
gives the following
…
‘8.1. The project team shall assist the Director of the project in the performance of his duties. Its staff shall be fixed in the staff establishment as defined in the annual budget. It shall be composed of staff coming from the members of the Joint Undertaking as provided for in point 8.3 and of other personnel. The staff of the project team shall be recruited in accordance with the provisions of [Articles] 8.4 and 8.5 below.
8.2. The composition of the project team shall strike a reasonable balance between the need to guarantee the Community nature of the project, especially in the case of posts for which qualifications of a certain level are required (physicists, engineers, administrative staff at an equivalent level) and the need to give the Director of the project the widest possible authority in the matter of staff selection in the interests of efficient management. In applying this principle account shall also be taken of the interests of the non-Community members of the Joint Undertaking.
8.6. All staff forming part of the project team shall come under the sole management authority of the Director of the project.
‘8.4. Staff made available by Parent Organisations shall be seconded to the Joint Undertaking and shall:
‘8.7. All staff expenditure, including reimbursement of staff expenditure incurred by the seconding Parent Organisations and expenditure related to staff assigned to the Joint Undertaking by the Commission and the host organisation prior to the entry into force of the above provisions, shall be borne by the Joint Undertaking.’
Year | 1986 | 1989 | 1998 | |||
Predicted/actual | Budget | Filled | Budget | Filled | Budget | Filled |
Team posts | 444 | 384 | 470 | 383 | n/a | 242.5 |
Contract posts | 210 | 229 | 210 | 242 | n/a | 255 |
On those grounds,
THE COURT OF FIRST INSTANCE (First Chamber)
hereby, by way of interlocutory judgment:
Vesterdorf |
Jaeger |
Legal |
H. Jung |
B. Vesterdorf |
Registrar |
President |