Judgment;Information — ECLI:EU:T:2019:493
Date: 2019-07-11
Language of the case: English
Court formation: Fifth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Staff cases - inadmissible;Action for damages - unfounded;Action for damages - inadmissible

summary of the pleas in law on which the application is based — Analogous requirements with regard to grounds in support of a plea — General reference to documents annexed to the application — Inadmissibility (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 76(d)) (see paras 122, 186-188, 236, 255, 273, 304, 326) 4. Actions brought by officials — Judgment annulling a measure — Effects — Obligation to implement — Judgment annulling a decision not to renew the contract of a member of the contract staff — Both the operative part and the grounds of the judgment to be taken into account — Retroactive effect of annulment — Scope (Art. 266 TFEU) (see paras 130-134, 189-195) 5. Officials — Decision adversely affecting an official — Obligation to state reasons — Scope (Art. 296, second para. TFEU; Staff Regulations of Officials, Art. 25, second para.) (see paras 139-141) 6. Officials — Principles — Rights of defence — Obligation to hear the person concerned before adopting a measure adversely affecting him — Scope (Charter of Fundamental Rights of the European Union, Art. 41(2)) (see para. 152) 7. Fundamental rights — Charter of Fundamental Rights of the European Union — Right to sound administration — Requirement of impartiality — Right of access of any person to the file concerning him — Scope (Charter of Fundamental Rights of the European Union, Art. 41(1) and (2); Staff Regulations of Officials, Art. 26; Conditions of Employment of Other Servants of the European Union, Art. 11) (see paras 162, 171, 172, 205) 8. Action for annulment — Actionable measures — Preparatory measures — Not included (Art. 263 TFEU) (see para. 215) 9. Officials — Non-contractual liability of the institutions — Conditions — Unlawfulness — Damage — Causal link — Cumulative conditions (Art. 340, second para. TFEU) (see paras 313, 314) 10. Actions brought by officials — Application for damages linked to an application for annulment — Dismissal of claim for annulment leading to dismissal of the claim for compensation (Staff Regulations of Officials, Art. 91) (see paras 315-317) 11. Actions for damages — Autonomy in relation to the action for annulment — Action seeking the withdrawal of an individual decision which has become definitive — Inadmissibility (Arts 268 and 340, second para. TFEU) (see paras 320, 321) Re: Action under Article 270 TFEU, seeking (i) annulment of the FRA decision of 4 April 2016 not to renew the applicant’s contract as a member of the contract staff, adopted as a result of the implementation of the judgment of 3 June 2015, BP v FRA, (T‑658/13 P, EU:T:2015:356); and (ii) compensation for the damage which the applicant allegedly suffered. Operative part The Court: 1. Dismisses the action; 2. Orders BP to bear her own costs and pay those incurred by the European Union Fundamental Rights Agency (FRA).