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Case T-89/16 P: Judgment of the General Court of 27 June 2017 — Clarke and Others v EUIPO (Appeal — Civil service — Temporary staff — Fixed-term contract with a termination clause terminating the contract in the event that the name of the agent is not included on the reserve list of the next open competition — Implementation of the termination clause — Reclassification of a fixed-term contract as a contract of indefinite duration — Duty of care — Legitimate expectation)

ECLI:EU:UNKNOWN:62016TA0089

62016TA0089

June 27, 2017
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Official Journal of the European Union

C 256/22

(Case T-89/16 P) (<span class="super note-tag">1</span>)

((Appeal - Civil service - Temporary staff - Fixed-term contract with a termination clause terminating the contract in the event that the name of the agent is not included on the reserve list of the next open competition - Implementation of the termination clause - Reclassification of a fixed-term contract as a contract of indefinite duration - Duty of care - Legitimate expectation))

(2017/C 256/24)

Language of the case: German

Parties

Appellants: Nicole Clarke (Alicante, Spain), Sigrid Dickmanns, (Gran Alacant, Spain) and Elisavet Papathanasiou (Alicante) (represented by: H. Tettenborn, lawyer)

Other party to the proceedings: European Intellectual Property Office (represented by: A. Lukošiūtė, acting as Agent, and by B. Wägenbaur, lawyer)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Third Chamber) of 15 December 2015, Clarke and Others v OHIM (F-101/14 to F-103/14, EU:F:2015:151) and asking that that judgment be set aside.

Operative part of the judgment

The Court:

1)Dismisses the appeal;

2)Orders Nicole Clarke, Sigrid Dickmanns and Elisavet Papathanasiou to bear their own costs and pay those incurred by the European Intellectual Property Office (EUIPO) in the present appeal.

(<span class="note">1</span>) OJ C 145, 25.4.2016.

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