Judgment — ECLI:EU:T:2002:101
Date: 2002-04-17
Language of the case: German
Court formation: Fourth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Allowances
Procedure: Staff cases - unfounded

SUMMARY — CASE T-325/00 
Summary 
Officials - Temporary staff - Unemployment allowance — Conditions for granting 
— Termination of service attributable to the intention of the member of staff — 
Exclusion 
(Conditions of Employment of Other Servants, Art. 28a) 
The principal objective of the unemployment allowance scheme provided for in 
Article 28a of the Conditions of Employment of Other Servants is to provide 
financial assistance for a member of the temporary staff who is obliged to terminate 
his service with the European Communities and who is subsequently unemployed. 
The second indent of Article 28a(1) excludes the possibility of unemployment 
allowance being granted to former members of the temporary staff who are 
unemployed after their contract with the European Communities has been terminated 
as a consequence of their own initiative (resignation) or of cancellation caused by 
their conduct (cancellation of the contract for disciplinary reasons). It is therefore 
clear that the purpose of Article 28a(1) is to guarantee financial assistance for a 
member of the temporary staff who is unemployed after a termination of service 
which is not attributable to any intention or wrongful conduct on his part. 
Consequently, where a claimant has refused an offer of extension of his contract in 
respect of the same post as that which he held as a member of the temporary staff 
and with identical working conditions, it must be held that, if termination of service 
took effect on the actual date of expiry of the contract of engagement, that is 
attributable solely to the intention of the person concerned. The defendant 
institution was therefore fully entitled not to grant the person concerned the 
unemployment allowance. 
(see paras 32-36) 
I-A - 48