Official Journal of the European Union

C 351/30

(Case F-63/13) (<span class="super">1</span>)

((Civil service - Member of the temporary staff - Termination of contract - Article 41(2)(a), of the Charter of Fundamental Rights of the European Union - Right to be heard - Non-pecuniary harm - Resulting unlawful decision - Excessive breach of the rights of a third party - Automatic compensation order - Non-compliance with an annulment judgment))

2014/C 351/39

Language of the case: Greek

Parties

Applicant: Aristidis Psarras (Heraklion, Greece) (represented by: V. Christianos, lawyer)

Defendant: European Union Agency for Network and Information Security (represented initially by P. Empadinhas, acting as Agent and subsequently by S. Purser, acting as Agent, and C. Meidanis, lawyer)

Re:

Action for annulment, firstly, of the decision to dismiss the applicant and, secondly, of the decision, adopted after the judgment of the CST in Case F-118/10, to appoint another member of staff to the post of accountant and, finally, compensation for the non-pecuniary harm suffered.

Operative part of the judgment

The Tribunal:

1.Annuls the decision of 4 September 2012 of the Executive Director of the European Union Agency for Network and Information Security terminating Mr Psarras’s temporary staff contract;

2.Orders the European Union Agency for Network and Information Security to pay Mr Psarras the sum of EUR 40 000 euros;

3.Dismisses the action as to the remainder;

4.Declares that the European Union Agency for Network and Information Security is to bear its own costs and orders it to pay the costs incurred by Mr Psarras.

(<span class="super">1</span>) OJ C 336, 16.11.2013, p. 31.