JUDGMENT OF THE COURT OF FIRST INSTANCE (Third Chamber)

12 December 2000

Case T-223/99

Luc Dejaiffe

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHŒM)

‛Members of the temporary staff — Early termination of a fixed-term contract of employment of a member of the temporary staff — Interests of the service — Manifest error of assessment — Misuse of powers — Non-contractual liability of the Community’

Full text in French II-1267

Application for:

annulment of the decision of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 December 1998 terminating the applicant's contract as a member of the temporary staff, for compensation for the damage suffered and for an order requiring the Office to reestablish the applicant in his career.

Held:

The decision of the President of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 December 1998 terminating the applicant's contract as a member of the temporary staff is annulled. The Office for Harmonisation in the Internal Market (Trade Marks and Designs) is ordered to pay to the applicant a sum corresponding, in respect of the period from 16 February 1999 to 30 November 1999 inclusive, to the difference between the monthly salary which he would have received from the Office and that paid following his reinstatement in the Commission, less the termination compensation paid by the Office to the applicant pursuant to Article 47(1) of the Conditions of employment of other servants of the European Communities. The Office for Harmonisation in the Internal Market (Trade Marks and Designs) is ordered to pay to the applicant the token sum of EUR 1 by way of compensation for the nonmaterial damage suffered by him. The remainder of the application is dismissed. The Office for Harmonisation in the Internal Market (Trade Marks and Designs) is ordered to pay the costs.

Summary

Officials — Member of the temporary staff — Dismissal — Termination of a fixed-term contract before its expiry — Discretion of the administration as to the choice between disciplinary or contractual grounds for termination (Conditions of Employment of Other Servants, Arts 47(1) (b) and 49 to 50a) Officials — Members of the temporary staff — Interests of the service — Discretion of the administration — Scope — Account to be taken of the interests of the employee concerned (Staff Regulations, Art. 7; Conditions of Employment of Other Servants, Art. 10) Officials — Members of the temporary staff — Rights and obligations — Observance of obligations under the Staff Regulations — Obligation to act on a request to reiterate undertakings made at the time of recruitment — None (Conditions of Employment of Other Servants ) Officials — Members of the temporary staff — Dismissal — Termination of a fixed-term contract before its expiry — Legitimate interest of the employee in the implementation of the contract until its expiry — Obligation of the administration to take account of such interest (Conditions of Employment of Other Setyants, Art. 47(1 )(b)) Officials — Members of the temporary staff — Termination of a fixed-term contract before its expiry — Termination with a view to ruling out the employee from any internal competition — Misuse of powers (Conditions of Employment of Other Servants, Art. 47(1)(b))