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Case F-24/15: Order of the Civil Service Tribunal (Second Chamber) of 17 December 2015 — Di Marzio v Council (Civil service — Contractual agent — Function group I — Reclassification of a contract into a contract as a member of the temporary staff for an indefinite term at Grade AST 3, AST 4 or AST 5 or into a contract as a member of the contract staff for an indefinite term in function group III — Articles 2, 3a, 3b, 80 and 88 of the Conditions of Employment of other servants — Obligation to state reasons — Manifest error of assessment — Principle of sound administration — Duty of care — Action manifestly lacking any foundation in law — Article 81 of the Rules of Procedure)

ECLI:EU:UNKNOWN:62015FB0024

62015FB0024

December 17, 2015
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Official Journal of the European Union

C 48/100

(Case F-24/15) (<span class="super">1</span>)

((Civil service - Contractual agent - Function group I - Reclassification of a contract into a contract as a member of the temporary staff for an indefinite term at Grade AST 3, AST 4 or AST 5 or into a contract as a member of the contract staff for an indefinite term in function group III - Articles 2, 3a, 3b, 80 and 88 of the Conditions of Employment of other servants - Obligation to state reasons - Manifest error of assessment - Principle of sound administration - Duty of care - Action manifestly lacking any foundation in law - Article 81 of the Rules of Procedure))

(2016/C 048/116)

Language of the case: French

Parties

Applicant: Antony Di Marzio (Limelette, Belgium) (represented by: M. Velardo, lawyer)

Defendant: Council of the European Union (represented by: M. Bauer and M. Veiga, acting as Agents)

Re:

Application for annulment of the decision rejecting the applicant’s request for reclassification of his contract as a member of the contract staff in function group I into a contract as a member of the temporary staff or, alternatively, into a contract as a member of the contract staff in function group III, and the claim for compensation for the non-material and material damage allegedly suffered.

Operative part of the order

1.The action is dismissed as manifestly unfounded.

2.Mr Di Marzio shall bear his own costs and is ordered to pay those incurred by the Council of the European Union.

Language of the case: French.

(1) OJ C 127 of 20/4/2015, p. 43.

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