CELEX: 62020TA0409
Language: en
Date: 2021-12-21 00:00:00
Title: Case T-409/20: Judgment of the General Court of 21 December 2021 — KS v Frontex (Civil service — Members of the temporary staff — Fixed-term contract — Termination of the contract — Breakdown in the relationship of trust — Article 47(b)(ii) of the CEOS — Right to be heard — Duty to have regard for the welfare of staff — Requests for assistance and compensation — Action for annulment and compensation)

21.2.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 84/37
            
         
      Judgment of the General Court of 21 December 2021 — KS v Frontex
      (Case T-409/20) (1)
      
      (Civil service - Members of the temporary staff - Fixed-term contract - Termination of the contract - Breakdown in the relationship of trust - Article 47(b)(ii) of the CEOS - Right to be heard - Duty to have regard for the welfare of staff - Requests for assistance and compensation - Action for annulment and compensation)
      (2022/C 84/52)
      Language of the case: French
      
         Parties
      
      
         Applicant: KS (represented by: N. de Montigny, lawyer)
      
         Defendant: European Border and Coast Guard Agency (represented by: H. Caniard, S. Drew, W. Szmidt and B. Dukay-Zangrando, acting as Agents, and by T. Bontinck, A. Guillerme and L. Burguin, lawyers)
      
         Re:
      
      Application under Article 270 TFEU seeking, first, annulment of Frontex’s decision of 30 August 2019 terminating the applicant’s fixed-term contract of employment and of the decision of 13 February 2020 rejecting the applicant’s requests for assistance and compensation and, second, compensation for the non-material damage which the applicant has suffered as a result.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Annuls the decision of the European Border and Coast Guard Agency (Frontex) of 13 February 2020 in so far as it rejected KS’s request for assistance;
               
            
                  2.
               
               
                  Dismisses the action as to the remainder;
               
            
                  3.
               
               
                  Orders KS to bear half of his own costs;
               
            
                  4.
               
               
                  Orders Frontex to bear its own costs and to pay half of the costs incurred by KS.
               
            
         (1)  OJ C 279, 24.8.2020.