CELEX: 62011TA0107
Language: en
Date: 2013-12-04 00:00:00
Title: Case T-107/11: Judgment of the General Court of 4 December 2013 — ETF v Schuerings (Appeal — Civil service — Temporary staff — Contract of indefinite duration — Decision to terminate — Jurisdiction of the Civil Service Tribunal — Articles 2 and 47 CEOS — Duty of care — Concept of interests of the service — Prohibition on ruling ultra petita — Rights of the defence)

25.1.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 24/18
            
         Judgment of the General Court of 4 December 2013 — ETF v Schuerings
   (Case T-107/11) (1)
   
   (Appeal - Civil service - Temporary staff - Contract of indefinite duration - Decision to terminate - Jurisdiction of the Civil Service Tribunal - Articles 2 and 47 CEOS - Duty of care - Concept of interests of the service - Prohibition on ruling ultra petita - Rights of the defence)
   2014/C 24/31
   Language of the case: French
   
      Parties
   
   
      Appellant: European Training Foundation (ETF) (represented by: L. Levi, lawyer)
   
      Other party to the proceedings: Gisela Schuerings (represented by: N. Lhoëst, lawyer)
   
      Interveners in support of the appellant: European Commission (represented by: J. Currall and D. Martin, acting as Agents); European Medicines Agency (EMA) (represented: initially by V. Salvatore, and subsequently by T. Jabłoński, acting as Agents); European Environment Agency (EEA) (represented by: O. Cornu, acting as Agent); European Aviation Safety Agency (EASA) (represented by: P. Goudou, acting as Agent); European Union Agency for Network and Information Security (ENISA) (represented by: E. Maurage, acting as Agent); Translation Centre for the Bodies of the European Union (CdT) (represented by: J. Rikkert and M. Garnier, acting as Agents); European Centre for Disease Prevention and Control (ECDC) (represented by: M. Heikkilä, acting as Agent); and European Food Safety Authority (EFSA) (represented by: D. Detken, acting as Agent)
   
      Re:
   
   Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 9 December 2010 in Case F-87/08 Schuerings v ETF, not yet published in the ECR, and seeking that that judgment be set aside.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Sets aside the judgment of the European Union Civil Service Tribunal (Second Chamber) of 9 December 2010 in Case F-87/08 Schuerings v ETF, in so far as it set aside the decision of the European Training Foundation (ETF) of 23 October 2007 terminating the indefinite contract of Ms Gisela Schuerings and dismissing, as a result, her application for compensation for the material harm suffered as being premature;
            
         
               2.
            
            
               Dismisses the remainder of the appeal;
            
         
               3.
            
            
               Refers the case back to the Civil Service Tribunal;
            
         
               4.
            
            
               Reserves the costs.
            
         
      (1)  OJ C 139, 7.5.2011.