# C_2014024EN.01001901.xml

| 25.1.2014 | EN | Official Journal of the European Union | C 24/19 |
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25.1.2014

EN

Official Journal of the European Union

C 24/19

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

(Case T-108/11 P) (1)

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(Appeal - Civil service - Temporary staff - Contract for an indefinite period - Decision terminating the contract - Jurisdiction of the Civil Service Tribunal - Articles 2 and 47 of the CEOS - Duty of care - Concept of interest of the service - Prohibition on ruling ultra petita - Rights of the defence)

2014/C 24/32

Language of the case: French

Parties

Parties

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

Appellant:

Other party to the proceedings: Gustave Michel, successor in law to Monique Vandeuren (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); Translation Centre for the Bodies of the European Union (CdT) (represented by: J. Rikkert and M. Garnier, acting as Agents); European Chemical Agency (ECHA) (represented by: M. Heikkilä, acting as Agent); 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); and European Food Safety Agency (EFSA) (represented by: D. Detken, acting as Agent)

Interveners in support of the appellant:

Re:

Re:

Appeal brought against the judgment delivered by the Civil Service Tribunal (Second Chamber) on 9 December 2010 in Case F-88/08 Vandeuren v ETF, not yet published, seeking the setting aside of that judgment.

Vandeuren

ETF

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Sets aside the judgment of the Civil Service Tribunal (Second Chamber) of 9 December 2010 in Case F-88/08 Vandeuren v ETF in so far as it annulled the decision of the European Training Foundation (ETF) of 23 October 2007 to terminate the contract for an indefinite period as a member of the temporary staff of Ms Monique Vandeuren and dismissed, in consequence, her claim for compensation for the pecuniary harm suffered as premature; |
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1.

Sets aside the judgment of the Civil Service Tribunal (Second Chamber) of 9 December 2010 in Case F-88/08 Vandeuren v ETF in so far as it annulled the decision of the European Training Foundation (ETF) of 23 October 2007 to terminate the contract for an indefinite period as a member of the temporary staff of Ms Monique Vandeuren and dismissed, in consequence, her claim for compensation for the pecuniary harm suffered as premature;

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

Dismisses the remainder of the appeal;

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

Refers the action 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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