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Case T-409/20: Judgment of the General Court of 21 December 2021 — KS v Frontex (Civil service — Members of the temporary staff — Fixed-term contract — Termination of the contract — Breakdown in the relationship of trust — Article 47(b)(ii) of the CEOS — Right to be heard — Duty to have regard for the welfare of staff — Requests for assistance and compensation — Action for annulment and compensation)
ECLI:EU:UNKNOWN:62020TA0409
62020TA0409
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Official Journal of the European Union
C 84/37
(Case T-409/20)
(Civil service - Members of the temporary staff - Fixed-term contract - Termination of the contract - Breakdown in the relationship of trust - Article 47(b)(ii) of the CEOS - Right to be heard - Duty to have regard for the welfare of staff - Requests for assistance and compensation - Action for annulment and compensation)
(2022/C 84/52)
Language of the case: French
Parties
Applicant: KS (represented by: N. de Montigny, lawyer)
Defendant: European Border and Coast Guard Agency (represented by: H. Caniard, S. Drew, W. Szmidt and B. Dukay-Zangrando, acting as Agents, and by T. Bontinck, A. Guillerme and L. Burguin, lawyers)
Re:
Application under Article 270 TFEU seeking, first, annulment of Frontex’s decision of 30 August 2019 terminating the applicant’s fixed-term contract of employment and of the decision of 13 February 2020 rejecting the applicant’s requests for assistance and compensation and, second, compensation for the non-material damage which the applicant has suffered as a result.
Operative part of the judgment
The Court:
1.Annuls the decision of the European Border and Coast Guard Agency (Frontex) of 13 February 2020 in so far as it rejected KS’s request for assistance;
2.Dismisses the action as to the remainder;
3.Orders KS to bear half of his own costs;
4.Orders Frontex to bear its own costs and to pay half of the costs incurred by KS.
(1) OJ C 279, 24.8.2020.