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Case T-602/15 RENV: Judgment of the General Court of 10 November 2021 — Jenkinson v Council and Others (Arbitration clause — International civilian staff of EU international missions — Recruitment on a contractual basis — Consecutive fixed-term contracts — Claim that all the contractual relationships should be recategorised as a ‘contract of indefinite duration’ — Action for contractual liability — Action for non-contractual liability)
ECLI:EU:UNKNOWN:62015TA0602
62015TA0602
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Official Journal of the European Union
C 11/22
(Case T-602/15 RENV)
(Arbitration clause - International civilian staff of EU international missions - Recruitment on a contractual basis - Consecutive fixed-term contracts - Claim that all the contractual relationships should be recategorised as a ‘contract of indefinite duration’ - Action for contractual liability - Action for non-contractual liability)
(2022/C 11/28)
Language of the case: French
Parties
Applicant: Liam Jenkinson (Killarney, Ireland) (represented by: N. de Montigny, lawyer)
Defendants: Council of the European Union (represented by: A. Vitro and M. Bishop, acting as Agents), European Commission (represented by: B. Mongin, D. Bianchi and G. Gattinara, acting as Agents), European External Action Service (represented by: S. Marquardt, R. Spáč and E. Orgován, acting as Agents), Eulex Kosovo (Pristina, Kosovo) (represented by: E. Raoult, lawyer)
Re:
Principally, first, an application pursuant to Article 272 TFEU seeking, on the one hand, to have all of the applicant’s employment contracts recategorised as an employment contract of indeterminate duration and, on the other hand, to obtain compensation for the contractual loss that the applicant claims to have suffered as a result and, second, applications under Articles 268 and 340 TFEU seeking to establish the non-contractual liability of the Council, the Commission, the EEAS and the Eulex Kosovo Mission.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the Council of the European Union, the European Commission, the European External Action Service (EEAS) and the Eulex Kosovo Mission to bear their own costs and pay those incurred by the applicant relating to the appeal proceedings before the Court of Justice, in Case C-43/17 P, and relating to the initial proceedings before the General Court, in Case T-602/15, as of the point at which they respectively raised objections of inadmissibility by separate documents in Case T-602/15;
3.Orders Liam Jenkinson to bear the costs of the proceedings referred back to the General Court, in Case T-602/15 RENV, including those relating to the lodging of the application and to pay those incurred by the defendants in connection with those proceedings.
(1) OJ C 90, 7.3.2016.