Judgment — ECLI:EU:T:2016:671
Date: 2016-11-23
Language of the case: French
Court formation: Appeals Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases;Action for damages;Appeal - successful

Judgment of the General Court (Appeal Chamber) of 23 November 2016 – FK v Commission (Case T‑328/15 P) ( Appeal – Civil Service – Temporary staff – Renewal of contract – Restriction of the duration of the contract renewal – Rights of the defence ) 1. Actions brought by officials – Prior administrative complaint – Subject‑matter – Correspondence between the complaint and the application – Considered of Court’s own motion (Staff Regulations, Arts 90 and 91) (see para. 32) 2. EU law – Principles – Rights of defence – Audi alteram partem rule – Compliance in the context of judicial proceedings – Scope (see paras 34-41) 3. Judicial proceedings – Production of evidence – Time-limit – Evidence lodged out of time – Conditions (Rules of Procedure of the Civil Service Tribunal, Art. 42) (see paras 75, 76) 4. Actions brought by officials – Acts adversely affecting an official – Concept – Act directly and immediately affecting the interests of the applicant (Staff Regulations, Arts 90(2), and 91(1)) (see paras 113, 115) Re: APPEAL lodged against the judgment of the European Union Civil Service Tribunal (First Chamber) of 21 April 2015, FK v Commission (F‑87/12 RENV, EU:F:2015:31), seeking to have that judgment set aside. Operative part The Court: 1. Sets aside the judgment of the European Union Civil Service Tribunal (First Chamber) of 21 April 2015, FK v Commission (F‑87/12 RENV, EU:F:2015:31) insofar as the Civil Service Tribunal dismissed the first and third pleas in law seeking annulment raised at first instance and the claim for damages; 2. Dismisses the plea of inadmissibility raised by the Commission before the Civil Service Tribunal; 3. Annuls the decision of the European Commission of 18 November 2011, insofar as it restricts the duration of the extension of FK’s temporary contract to 31 March 2012; 4. Refers the action back to a Chamber of the General Court other than that which has ruled in the present appeal for a ruling on the claims for damages put forward by FK; 5. Reserves the costs.