CELEX: C2006/281/25
Language: en
Date: 2006-11-18 00:00:00
Title: Case C-417/05 P: Judgment of the Court (Second Chamber) of 14 September 2006 — Commission of the European Communities v Maria Dolores Fernández Gómez (Appeals — Temporary staff — Article 2(a) of the CEOS — Period completed within the Commission as a national expert on secondment — Application for annulment — Admissibility — Request under Article 90 (1) of the Staff Regulations — Definition — Measure adversely affecting an official)

18.11.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 281/16
            
         Judgment of the Court (Second Chamber) of 14 September 2006 — Commission of the European Communities v Maria Dolores Fernández Gómez
   (Case C-417/05 P) (1)
   
   (Appeals - Temporary staff - Article 2(a) of the CEOS - Period completed within the Commission as a national expert on secondment - Application for annulment - Admissibility - Request under Article 90 (1) of the Staff Regulations - Definition - Measure adversely affecting an official)
   (2006/C 281/25)
   Language of the case: French
   Parties
   
      Appellant: Commission of the European Communities (represented by: D. Martin and L. Lozano Palacios, Agents)
   
      Other party to the proceedings: Maria Dolores Fernández Gómez (represented by: J. Iturriagagoitia Bassas, lawyer)
   Re:
   Appeal brought against the judgment of the Court of First Instance (First Chamber) in Case T-272/03 Fernández Gómez v Commission [2005] by which the Court of First Instance annulled the decision of the Authority Authorised to Conclude Contracts of Employment, of 12 May 2003, rejecting the application for renewal of the applicant's contract and by which it ordered the Commission to pay the applicant the sum of EUR 50 000 to compensate for the damage suffered.
   Operative part of the judgment
   
               1.
            
            
               The judgment of the Court of First Instance of 13 September 2005 in Case T-272/03 Fernández Gómez v Commission is set aside;
            
         
               2.
            
            
               The action brought by Ms Fernández Gómez before the Court of First Instance of the European Communities for the annulment of the decision of the Authority Authorised to Conclude Contracts of Employment of 12 May 2003 rejecting the application for renewal of Ms Fernández Gómez's contract and for compensation in respect of the damage which allegedly resulted from that decision is dismissed as inadmissible;
            
         
               3.
            
            
               The parties are ordered to bear their own costs as regards both the proceedings at first instance and the appeal.
            
         
      (1)  OJ C 10, 14.1.2006.