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Case T-164/19: Judgment of the General Court of 14 July 2021 — AQ v eu-LISA (Civil service — Members of the temporary staff — Sick leave — Termination of the contract without notice — Article 16 of the CEOS — Article 48(b) of the CEOS — Duty of care — Article 34 of the Charter of Fundamental Rights — Liability — Material harm — Non-material harm — Causal link)
ECLI:EU:UNKNOWN:62019TA0164
62019TA0164
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Official Journal of the European Union
C 357/19
(Case T-164/19) (<span class="oj-super oj-note-tag">1</span>)
(Civil service - Members of the temporary staff - Sick leave - Termination of the contract without notice - Article 16 of the CEOS - Article 48(b) of the CEOS - Duty of care - Article 34 of the Charter of Fundamental Rights - Liability - Material harm - Non-material harm - Causal link)
(2021/C 357/29)
Language of the case: English
Parties
Applicant: AQ (represented by: L. Levi and N. Flandin, lawyers)
Defendant: European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (represented by: M. Chiodi, acting as Agent, and by D. Waelbroeck and A. Duron, lawyers)
Intervener in support of the defendant: Council of the European Union (represented by: R. Meyer and M. Alver, acting as Agents)
Re:
Action under Article 270 TFEU seeking, first, annulment of the decision of eu-LISA of 8 May 2018 to terminate the applicant’s contract as a member of the temporary staff and, secondly, compensation for the loss which the applicant claims to have suffered as a result of that decision.
Operative part of the judgment
The Court:
1.Annuls the decision of 8 May 2018 by which the Executive Director of the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) terminated the employment of AQ as a temporary agent;
2.Dismisses the action as to the remainder;
3.Orders AQ and eu-LISA to bear their own costs;
4.Orders the Council of the European Union to bear its own costs.
(<span class="oj-super">1</span>) OJ C 164, 13.5.2019.
Language of the case: English