# C_2014024EN.01001802.xml

| 25.1.2014 | EN | Official Journal of the European Union | C 24/18 |
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25.1.2014

EN

Official Journal of the European Union

C 24/18

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Judgment of the General Court of 4 December 2013 — ETF v Schuerings

(Case T-107/11) (1)

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(Appeal - Civil service - Temporary staff - Contract of indefinite duration - Decision to terminate - Jurisdiction of the Civil Service Tribunal - Articles 2 and 47 CEOS - Duty of care - Concept of interests of the service - Prohibition on ruling ultra petita - Rights of the defence)

2014/C 24/31

Language of the case: French

Parties

Parties

Appellant: European Training Foundation (ETF) (represented by: L. Levi, lawyer)

Appellant:

Other party to the proceedings: Gisela Schuerings (represented by: N. Lhoëst, lawyer)

Other party to the proceedings:

Interveners in support of the appellant: European Commission (represented by: J. Currall and D. Martin, acting as Agents); European Medicines Agency (EMA) (represented: initially by V. Salvatore, and subsequently by T. Jabłoński, acting as Agents); European Environment Agency (EEA) (represented by: O. Cornu, acting as Agent); European Aviation Safety Agency (EASA) (represented by: P. Goudou, acting as Agent); European Union Agency for Network and Information Security (ENISA) (represented by: E. Maurage, acting as Agent); Translation Centre for the Bodies of the European Union (CdT) (represented by: J. Rikkert and M. Garnier, acting as Agents); European Centre for Disease Prevention and Control (ECDC) (represented by: M. Heikkilä, acting as Agent); and European Food Safety Authority (EFSA) (represented by: D. Detken, acting as Agent)

Interveners in support of the appellant:

Re:

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 9 December 2010 in Case F-87/08 Schuerings v ETF, not yet published in the ECR, and seeking that that judgment be set aside.

Schuerings

ETF

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Sets aside the judgment of the European Union Civil Service Tribunal (Second Chamber) of 9 December 2010 in Case F-87/08 Schuerings v ETF, in so far as it set aside the decision of the European Training Foundation (ETF) of 23 October 2007 terminating the indefinite contract of Ms Gisela Schuerings and dismissing, as a result, her application for compensation for the material harm suffered as being premature; |
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1.

Sets aside the judgment of the European Union Civil Service Tribunal (Second Chamber) of 9 December 2010 in Case F-87/08 Schuerings v ETF, in so far as it set aside the decision of the European Training Foundation (ETF) of 23 October 2007 terminating the indefinite contract of Ms Gisela Schuerings and dismissing, as a result, her application for compensation for the material harm suffered as being premature;

| 2. | Dismisses the remainder of the appeal; |
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2.

Dismisses the remainder of the appeal;

| 3. | Refers the case back to the Civil Service Tribunal; |
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3.

Refers the case back to the Civil Service Tribunal;

| 4. | Reserves the costs. |
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4.

Reserves the costs.

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(1)  OJ C 139, 7.5.2011.

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