Judgment — ECLI:EU:T:2019:290
Date: 2019-05-07
Language of the case: English
Court formation: Eighth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Staff cases - inadmissible

Judgment of the General Court (Eighth Chamber) of 7 May 2019 – WP v EUIPO (Case T‑407/18) (Civil service — Temporary staff — Fixed-term contracts — Decision not to renew — Manifest error of assessment — Duty to have regard for the welfare of staff — Equal treatment — Rule of correspondence between the application and the complaint) 1. Officials — Members of the temporary staff — Recruitment — Renewal of a fixed-term contract — Administration’s discretion — Administration's duty to have regard for the interests of officials — Account taken of the interests of the staff member concerned — Limits (Conditions of Employment of Other Servants of the European Union, Art. 8) (see paras 57-60, 101) 2. Officials — Members of the temporary staff — Recruitment — Renewal of a fixed-term contract — Administration’s discretion — Limits — Establishment of an indicative ratio between permanent and temporary staff — Manifest error of assessment — None (Conditions of Employment of Other Servants of the European Union, Art. 8) (see paras 67-70, 81, 82) 3. Actions brought by officials — Prior administrative complaint — Correspondence between the complaint and the application — Pleas not set out in the complaint — Inadmissibility (Staff Regulations of Officials, Art. 91(2)) (see paras 116-120, 123) 4. Officials — Equal treatment — Definition — Limits (Conditions of Employment of Other Servants of the European Union, Art. 8) (see paras 133, 134, 138) Re: Application under Article 270 TFEU seeking the annulment of the decision of EUIPO of 6 October 2017 refusing a second renewal of the applicant’s temporary staff contract. Operative part The Court: 1. Dismisses the action; 2. Orders WP to pay the costs.