Official Journal of the European Union

Series C

C/2023/213

(Case T-776/20) (*)

(Action for annulment and compensation - International contracted staff with the EU Special Representative in Bosnia and Herzegovina - Common foreign and security policy - Termination of the employment contract following the withdrawal of the United Kingdom from the European Union - Jurisdiction of the EU Courts - Contractual nature of the dispute - Absence of arbitration clause and jurisdiction clause - Articles 263, 268, 272 and 274 TFEU - Regulation (EU) No 1215/2012 - Admissibility - Identification of the defendants - Concept of ‘EU institution, body, office or agency’ - Partial lack of competence and inadmissibility)

(C/2023/213)

Language of the case: French

Parties

Applicant: Robert Stockdale (Bristol, United Kingdom) (represented by: N. de Montigny, lawyer),

Defendants: Council of the European Union (represented by: A. Vitro, M. Bauer and J. Rurarz, acting as Agents), European Commission (represented by: D. Bianchi and G. Gattinara, acting as Agents), European External Action Service (represented by: S. Marquardt, K. Kouri, R. Spáč and S. Rodríguez Sánchez-Tabernero, acting as Agents), EU Special Representative in Bosnia and Herzegovina (represented by: B. Bajic, acting as Agent, and by E. Raoult, lawyer)

Re:

By his action under Articles 263, 268 and 272 TFEU, the applicant requests, primarily, (i) that the decision of the European Union Special Representative (‘the EUSR’) in Bosnia and Herzegovina of 17 November 2020 to terminate his employment contract with effect from 31 December 2020 be declared unlawful, and that he be awarded compensation for the damage he allegedly suffered as a result of that decision, (ii) that his contractual relationship with the EUSR in Bosnia and Herzegovina be reclassified as a permanent contract, (iii) that he receive compensation for the damage he allegedly suffered as a result of the failure of the Council of the European Union, the European Commission and the European External Action Service (EEAS) to adopt a clear status applicable to him and, alternatively, that the European Union be declared to be non-contractually liable in the event that his principal claims are dismissed.

Operative part of the judgment

The Court:

1.Dismisses the action:

—on the ground of lack of competence, in so far as it seeks to order the reinstatement of Mr Robert Stockdale as a member of staff of the European Union Special Representative in Bosnia and Herzegovina;

—on the ground of lack of competence, in so far as it seeks to reclassify Mr Stockdale’s fixed-term contracts as a single permanent contract and to find that the defendants have breached their contractual obligations;

—as inadmissible, in so far as it concerns the Council of the European Union, the European Commission and the European External Action Service (EEAS), in so far as it seeks annulment of the decision of the European Union Special Representative in Bosnia and Herzegovina of 17 November 2020 by which Mr Stockdale’s employment contract was terminated and compensation for the damage allegedly caused by that decision;

—as inadmissible as to the remainder, in so far as it concerns the Commission;

2.Dismisses the pleas of lack of competence and inadmissibility as to the remainder;

3.Orders the Commission and the EEAS to bear their own costs relating to the pleas of lack of competence and inadmissibility;

4.Reserves the costs incurred by Mr Stockdale, by the Council and by the European Union Special Representative in Bosnia and Herzegovina relating to the pleas of lack of competence and inadmissibility.

*

Language of the case: French

ELI: http://data.europa.eu/eli/C/2023/213/oj

ISSN 1977-091X (electronic edition)