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Case F-98/07: Judgment of the Civil Service Tribunal (Second Chamber) of 29 January 2009 — Petrilli v Commission (Staff cases — Auxiliary contract staff — Admissibility — Act causing adverse effect — Article 3c and Article 88 of the Conditions of employment of other servants — Duration of the contract — Article 3(1) of the Commission Decision of 28 April 2004 on the maximum duration for the recourse to non-permanent staff in the Commission services — Legality)

ECLI:EU:UNKNOWN:62007FA0098

62007FA0098

January 1, 2007
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Official Journal of the European Union

C 102/37

(Case F-98/07)(Staff cases - Auxiliary contract staff - Admissibility - Act causing adverse effect - Article 3c and Article 88 of the Conditions of employment of other servants - Duration of the contract - Article 3(1) of the Commission Decision of 28 April 2004 on the maximum duration for the recourse to non-permanent staff in the Commission services - Legality)

2009/C 102/54

Language of the case: French

Parties

Applicant: Nicole Petrilli (Woluwé-Saint-Étienne,Belgium) (represented by: J.-L. Lodomez, lawyer)

Defendant: Commission of the European Communities (represented by: D. Martin and B. Eggers, Agents)

Re:

First, annulment of the decision of the appointing authority rejecting, pursuant to the Commission Decision of 28 April 2004 on the maximum duration for the recourse to non-permanent staff in the Commission services, the applicant's request for renewal of her contract as a member of contract staff and, second, an action for damages

Operative part of the judgment

The Tribunal:

1.annuls the decision of the Commission of the European Communities of 20 July 2007 rejecting Ms Petrilli's request for an extension of her contract as an auxiliary member of contract staff;

2.orders the parties to transmit to the Tribunal, within three months of delivery of the present interim judgment, either the amount of the monetary compensation agreed between the parties in respect of the illegality of the decision of 20 July 2007 or their conclusions, with supporting figures, as to that amount;

3.reserves the costs.

* * *

(1) OJ C 297 of 8.12.2008, p. 48.

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