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Case T-108/11 P: Judgment of the General Court of 4 December 2013 — ETF v Michel (Appeal — Civil service — Temporary staff — Contract for an indefinite period — Decision terminating the contract — Jurisdiction of the Civil Service Tribunal — Articles 2 and 47 of the CEOS — Duty of care — Concept of interest of the service — Prohibition on ruling ultra petita — Rights of the defence)
ECLI:EU:UNKNOWN:62011TA0108
62011TA0108
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Valentina R., lawyer
25.1.2014
Official Journal of the European Union
C 24/19
(Case T-108/11 P) (<span class="super">1</span>)
(Appeal - Civil service - Temporary staff - Contract for an indefinite period - Decision terminating the contract - Jurisdiction of the Civil Service Tribunal - Articles 2 and 47 of the CEOS - Duty of care - Concept of interest of the service - Prohibition on ruling ultra petita - Rights of the defence)
2014/C 24/32
Language of the case: French
Parties
Appellant: European Training Foundation (ETF) (represented by: L. Levi, lawyer)
Other party to the proceedings: Gustave Michel, successor in law to Monique Vandeuren (represented by: N. Lhoëst, lawyer)
Interveners in support of the appellant: European Commission (represented by: J. Currall and D. Martin, acting as Agents); Translation Centre for the Bodies of the European Union (CdT) (represented by: J. Rikkert and M. Garnier, acting as Agents); European Chemical Agency (ECHA) (represented by: M. Heikkilä, acting as Agent); European Medicines Agency (EMA) (represented initially by: V. Salvatore and subsequently by: T. Jabłoński, acting as Agents); European Environment Agency (EEA) (represented by: O. Cornu, acting as Agent); European Aviation Safety Agency (EASA) (represented by: P. Goudou, acting as Agent); and European Food Safety Agency (EFSA) (represented by: D. Detken, acting as Agent)
Re:
Appeal brought against the judgment delivered by the Civil Service Tribunal (Second Chamber) on 9 December 2010 in Case F-88/08 Vandeuren v ETF, not yet published, seeking the setting aside of that judgment.
Operative part of the judgment
The Court:
1.Sets aside the judgment of the Civil Service Tribunal (Second Chamber) of 9 December 2010 in Case F-88/08 Vandeuren v ETF in so far as it annulled the decision of the European Training Foundation (ETF) of 23 October 2007 to terminate the contract for an indefinite period as a member of the temporary staff of Ms Monique Vandeuren and dismissed, in consequence, her claim for compensation for the pecuniary harm suffered as premature;
2.Dismisses the remainder of the appeal;
3.Refers the action back to the Civil Service Tribunal;
4.Reserves the costs.
(<span class="super">1</span>) OJ C 139, 7.5.2011.