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Judgment of the Court of First Instance (Fourth Chamber) of 7 July 2004. # Norbert Schmitt v European Agency for Reconstruction (EAR). # Case T-175/03.

ECLI:EU:T:2004:214

62003TJ0175

July 7, 2004
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(Member of the temporary staff – Termination of contract – Article 47(2)(a) of the Conditions of Employment of Other Servants – Observance of the provisions of the contract – Legitimate expectations)

Full text in French II - 0000

Application: for annulment of the decision of the EAR terminating the applicant’s contract and, in the alternative, an application for damages.

Held: The decision of the EAR of 25 February 2003 terminating the applicant’s contract is annulled and the EAR is ordered to pay the costs, including those incurred in the proceedings for interim relief.

Summary

(Staff Regulations, Arts 90 and 91)

(Staff Regulations, Arts 90 and 91)

(Conditions of Employment of Other Servants, Art. 47(2))

(see para. 28)

See: T‑558/93 Düchs v Commission [1994] ECR-SC I‑A‑265 and II‑837, para. 36; T‑184/94 O’Casey v Commission [1998] ECR-SC I‑A‑183 and II‑565, para. 63, and the case-law cited therein

(see para. 42)

See: T‑174/02 Wieme v Commission [2003] ECR-SC I‑A‑241 and II‑1165, para. 18, and the case-law cited therein

(see paras 46-47)

See: T‑66/96 and T‑221/97 Mellett v Court of Justice [1998] ECR-SC I‑A‑449 and II‑1305, para. 104; T‑319/00 Borremans and Others v Commission [2002] ECR-SC I‑A‑171 and II‑905, para. 63; T‑205/01 Ronsse v Commission [2002] ECR-SC I‑A‑211 and II‑1065, para. 54

(see paras 56, 59)

See: Düchs v Commission, cited above, para. 43

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