Case F-50/15: Judgment of the Civil Service Tribunal (3rd Chamber) of 12 May 2016 — FS v EESC (Civil service — Temporary staff — Article 2(c) of the CEOS — Member of the temporary staff employed in order to carry out the duties of head of unit ‘for a group of the European Economic and Social Committee’ — Second paragraph of Article 44 of the Staff Regulations — Advancement in step granted retroactively at the end of a nine-month probationary period — Application by analogy to members of the temporary staff not provided for ratione temporis in the CEOS — Sui generis probationary period decided upon by contract outside the situations referred to in the CEOS — Extension of the contractual probationary period — Performance as head of unit held to be unsatisfactory — Reassignment to a non-management post — Entitlement to the advancement in step provided for in the second paragraph of Article 44 of the Staff Regulations)
Date: 2016-05-12
Institutions: Civil Service Tribunal
Subjects: damages, demotion, indemnification, pay scale, probationary period, promotion, servant (EU), staff assessment, staff regulations (EU)








C_2016222EN.01003601.xml










20.6.2016   


EN


Official Journal of the European Union


C 222/36






Judgment of the Civil Service Tribunal (3rd Chamber) of 12 May 2016 — FS v EESC
(Case F-50/15) (1)

((Civil service - Temporary staff - Article 2(c) of the CEOS - Member of the temporary staff employed in order to carry out the duties of head of unit ‘for a group of the European Economic and Social Committee’ - Second paragraph of Article 44 of the Staff Regulations - Advancement in step granted retroactively at the end of a nine-month probationary period - Application by analogy to members of the temporary staff not provided for ratione temporis in the CEOS - Sui generis probationary period decided upon by contract outside the situations referred to in the CEOS - Extension of the contractual probationary period - Performance as head of unit held to be unsatisfactory - Reassignment to a non-management post - Entitlement to the advancement in step provided for in the second paragraph of Article 44 of the Staff Regulations))
(2016/C 222/46)
Language of the case: French

Parties


Applicant: FS (represented by: L. Levi and A. Tymen, lawyers)

Defendant: European Economic and Social Committee (represented by: K. Gambino, X. Chamodraka, M. Pascua Mateo, A. Carvajal and L. Camarena Januzec, Agents, and B. Wägenbaur, lawyer)

Re:

Application for annulment of the decision not to confirm the applicant in his post at Head of Unit and an application for damages in respect of the material and non-material harm allegedly suffered.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision of the President of the European Economic and Social Committee dated 25 May 2014, as supplemented by Addendum No. 2 to FS’s employment contract, by which the authority empowered to conclude contracts of employment of the European Economic and Social Committee did not confirm her in her position as head of unit and reassigned her, with effect from 9 April 2014, to a non-management post;










2.


Orders the European Economic and Social Committee to pay FS a sum of EUR 2 000 by way of compensation for the non-material harm she has suffered;










3.


Dismisses the claims for damages as to the remainder;










4.


Declares that the European Economic and Social Committee is to bear its own costs and orders it to pay the costs incurred by FS.






(1)  OJ C 190, 8/6/2015, p. 37.