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Case T-648/21: Judgment of the General Court of 20 September 2023 — YD v FRA (Civil service — Temporary staff — Staff of the FRA — Withdrawal of the United Kingdom from the European Union — Loss of nationality of a Member State — Contract for an indefinite period — Termination of the contract — Article 47(c)(ii) of the CEOS — Application for an exception to the condition of engagement laid down in Article 12(2)(a) of the CEOS — Refusal to grant an exception — Right to be heard — Principle of impartiality — Legal certainty — Principle of non-discrimination — Interests of the service — Duty of care — Manifest error of assessment)
ECLI:EU:UNKNOWN:62021TA0648
62021TA0648
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Official Journal of the European Union
Series C
C/2023/767
(Case T-648/21) (<span class="oj-super oj-note-tag">1</span>)
(Civil service - Temporary staff - Staff of the FRA - Withdrawal of the United Kingdom from the European Union - Loss of nationality of a Member State - Contract for an indefinite period - Termination of the contract - Article 47(c)(ii) of the CEOS - Application for an exception to the condition of engagement laid down in Article 12(2)(a) of the CEOS - Refusal to grant an exception - Right to be heard - Principle of impartiality - Legal certainty - Principle of non-discrimination - Interests of the service - Duty of care - Manifest error of assessment)
(C/2023/767)
Language of the case: English
Parties
Applicant: YD (represented by: L. Levi, lawyer)
Defendant: European Union Agency for Fundamental Rights (represented by: M. O’Flaherty, acting as Agent, and by B. Wägenbaur, lawyer)
Re:
By his action under Article 270 TFEU, the applicant seeks the annulment, first, of the decision of the European Union Agency for Fundamental Rights (FRA) of 28 December 2020 refusing to grant him an exception under Article 12(2)(a) of the Conditions of Employment of Other Servants of the European Union (‘the CEOS’) and, consequently, terminating his contract under Article 47(c)(ii) of the CEOS and, second, compensation for the non-material damage that he claims to have suffered due to negligence and the adoption of that decision.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders YD and the European Union Agency for Fundamental Rights (FRA) to bear their own costs.
Language of the case: English
ELI: http://data.europa.eu/eli/C/2023/767/oj
ISSN 1977-091X (electronic edition)
* * *
(<span class="oj-super">1</span>) OJ C 502, 13.12.2021.