(Case C‑214/08 P)

Appeal – Action for damages – Conditions governing the incurral by the Community of contractual and non‑contractual liability – Articles 313(2)(k), 314 and 317(a) of the Fourth Convention of Lomé, as revised by the Agreement signed in Mauritius

Procedure – Actions for damages (Arts 225(1) EC, 235 EC, 238 EC and 240 EC) (see paras 39-43)

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber) of 11 March 2008 in Case T‑301/05 Guigard v Commission, by which the Court of First Instance dismissed the applicant’s action for damages for the loss which he allegedly suffered by reason of the Commission’s conduct with regard to the non‑renewal of his contract of employment concluded in the framework of technical co‑operation between the Community and the Republic of Niger financed by the European Development Fund – Conditions governing the incurral by the Community of non-contractual liability – Infringement of Articles 313(2)(k) and 314 of the Fourth Convention of Lomé (OJ 1991 L 229, p. 1), as revised by the Agreement signed in Mauritius (OJ 1998 L 156, p. 3) – Infringement of the obligation to state reasons and of the rights of the defence.

Operative part

The Court:

1.Sets aside the judgment of the Court of First Instance of the European Communities in Case T‑301/05 Guigard v Commission inasmuch as it declared the action brought by Mr Guigard to be admissible;

2.Dismisses the action brought by Mr Guigard in Case T‑301/05;

3.Declares that it is not necessary to rule on the appeal brought by Mr Guigard;

4.Orders Mr Guigard to pay the costs incurred by the Commission of the European Communities before the Court of Justice of the European Communities and before the Court of First Instance of the European Communities.