Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Sixth Chamber) of 3 May 2018 –  
SB v EUIPO

(Case T‑200/17)

(Civil service — Temporary staff — Fixed-term contract — Decision not to renew — Plea of illegality — Duty to state reasons — Duty to have regard for the welfare of staff — Discrimination on grounds of age)

| 1. | Actions brought by officials—Action against a decision rejecting a complaint—Effect—Disputed measure referred to the Court—Exception—Decision without confirmatory effect  (Staff Regulations of Officials, Arts 90 and 91)  (see para. 17) |

| 2. | Actions brought by officials—Prior administrative complaint—Correspondence between the complaint and the application—Same subject-matter and legal basis—Plea of illegality raised for the first time in the context of the action—Admissibility  (Staff Regulations of Officials, Arts 90 and 91)  (see para. 26) |

| 3. | Officials—Equal treatment—Meaning—Limits  (Conditions of Employment of Other Servants of the European Communities, Art. 8)  (see paras 32-34, 38) |

| 4. | Officials—Decision adversely affecting an official—Obligation to state reasons—Scope  (Art. 296 TFEU; Staff Regulations of Officials, Art. 25, second para.)  (see paras 41, 42) |

| 5. | Actions brought by officials—Pleas in law—Lack of or inadequate statement of reasons—Separate ground from the one concerning substantive legality  (Staff Regulations of Officials, Art. 25, second para.)  (see paras 54, 59) |

| 6. | 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 Communities, Art. 8)  (see paras 64-67, 76) |

| 7. | EU law—Principles—Equal treatment—Discrimination on grounds of age—Prohibition  (Charter of Fundamental Rights of the European Union, Art. 21(1); Council Directive 2000/78, Art. 2)  (see para. 85) |

Re:

Application under Article 270 TFEU for annulment of the decision of the Executive Director of EUIPO dated 2 June 2016 refusing a second renewal of the applicant’s contract and that director’s decision dated 19 December 2016 rejecting the complaint brought by the applicant.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders SB to pay the costs. |

[Top](#document1)