CELEX: 62007FJ0114
Language: en
Date: 2009-09-29
Title: Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2009. # Rainer Wenning v European Police Office (Europol). # Staff cases - Europol staff - Renewal of contract of a member of the contract staff of Europol - Article 6 of the Europol Staff Regulations - Assessment report. # Case F-114/07.

JUDGMENT OF THE CIVIL SERVICE TRIBUNAL 
      (Second Chamber)
      29 September 2009 
      Case F-114/07
      Rainer Wenning
      v
      European Police Office (Europol)
      (Civil service – Europol staff – Renewal of contract of a member of the contract staff of Europol – Article 6 of the Europol Staff Regulations – Assessment report)
      Application: brought under Article 40(3) of the Convention drawn up on the basis of Article K.3 of the Treaty on European Union on the
         establishment of a European Police Office (Europol Convention) and Article 93(1) of the Europol Staff Regulations, in which
         Mr Wenning seeks, essentially, the annulment of the decision of Europol of 21 December 2006 not to renew his contract, the
         annulment of the assessment report drawn up for the period from January to September 2006 and an order that Europol pay damages
         in reparation of the material and non-material loss allegedly suffered.
      
      Held: The action is dismissed. Each party is ordered to bear its own costs.
      
      Summary
      1.      Officials – Europol staff – Assessment report – Drawing up – Guidelines for the assessment of Europol staff
      (Europol Staff Regulations, Arts 6 and 28)
      2.      Officials – Europol staff – Assessment report – Drawing up – No mandatory time-limit
      (Europol Staff Regulations, Arts 6 and 28)
      3.      Officials – Reports procedure – Assessment report
      4.      Officials – Reports procedure – Assessment report – Drawing up
      5.      Officials – Reports procedure – Assessment report – Change of assessment in relation to the previous report
      6.      Officials – Reports procedure – Assessment report – Judicial review
      (Europol Staff Regulations, Arts 6 and 28)
      7.      Officials – Reports procedure – Assessment report – Descriptive comments must be consistent with marks awarded
      8.      Officials – Europol staff – Recruitment – Non‑renewal of a fixed-term contract
      (Europol Staff Regulations, Arts 6 and 94(1)(a))
      1.      Breaches of procedural rules, such as the rules imposed by the Guidelines concerning the Staff Development and Review Process
         adopted by Europol, constitute substantial irregularities of such a kind as to render an assessment report invalid if the
         applicant can show that in the absence of those irregularities the content of the report might have been different.
      
      (see paras 97, 102)
      See:
      T-212/97 Hubert v Commission [1999] ECR-SC I‑A‑41 and II‑185, para. 53
      
      F‑34/07 Skareby v Commission [2008] ECR-SC I‑A‑1‑0000 and II‑A‑1‑0000, para. 40, on appeal before the Court of First Instance, Case T‑91/09 P
      
      2.      As regards the drawing up of assessment reports for Europol staff, neither the Europol Staff Regulations nor the Guidelines
         concerning the Staff Development and Review Process lay down an exact date for the completion of assessment reports. Article
         28 of the Staff Regulations provides only that an assessment report is to be drawn up at least once a year. Although the administration
         has an overriding duty to ensure that staff reports are drawn up periodically on the dates laid down by the Staff Regulations
         and that they are drawn up in a proper form, both for reasons of sound administration and in order to safeguard the interests
         of officials, the administration has a reasonable period in which to draw up assessment reports in the absence of rules making
         the conduct of the assessment procedure subject to specific time-limits. Moreover, no provision of the Staff Regulations or
         the Guidelines prohibits a requirement that an objective be met before the end of the assessment period. On the contrary,
         the Guidelines, which provide that objectives should be time-related, do not require that the deadline should correspond to
         the end of the assessment period.
      
      (see paras 98-99)
      See:
      T-193/03 Piro v Commission [2005] ECR-SC I‑A‑121 and II‑547, paras 76 to 78
      
      3.      When drawing up an assessment report, the assessor is to carry out the assessment in close association with the countersigning
         manager, who has the discretion, following a dialogue requested by the official assessed, either to amend or to confirm the
         report.
      
      (see para. 100)
      See:
      T-157/04 De Bry v Commission [2005] ECR-SC I‑A‑199 and II‑901, para. 44
      
      4.      The very purpose of the reports procedure is to review the work and abilities of the official concerned at each predetermined
         due date. Since the assessor’s judgment relating to the reference period is drawn up following a procedure involving the participation
         of both parties, the official concerned cannot rely, subsequently, on the absence of intermediate criticisms during the reference
         period. It cannot therefore be required that the value-judgments made by line managers in the course of the consultation held
         under the reports procedure in respect of a given period be discussed beforehand between the official assessed and his superiors
         or form the subject of a prior written warning during the reference period since they are the subject of a genuine exchange
         of views during the reports procedure.
      
      (see para. 104)
      See:
      C-344/05 P Commission v De Bry [2006] ECR I‑10915, paras 37-45
      
      T‑155/03, T‑157/03 and T‑331/03 Cwik v Commission [2005] ECR-SC I‑A‑411 and II‑1865, para. 142
      
      5.      When an assessment report is drawn up, the duty to state reasons for any change in relation to the previous staff report is
         intended to enable the official to know why the analytical assessments have changed, to verify the factors relied upon and
         hence to submit his observations on the statement of reasons in the context of his right to be heard; the periodic report
         is vitiated by failure to observe an essential procedural requirement if the failure to state reasons has infringed the official’s
         right to be heard.
      
      (see para. 108)
      See:
      T-1/91 Della Pietra v Commission [1992] ECR II‑2145, para. 30; Hubert v Commission, para. 79; T-50/04 Micha v Commission [2005] ECR-SC I‑A‑339 and II‑1499, para. 36
      
      6.      Assessors enjoy a very wide discretion when appraising the work of persons upon whom they must report. Consequently, review
         by the Community judicature of the content of staff reports is limited to ensuring that the procedure is conducted in a regular
         manner, the facts are materially correct, and there is no manifest error of assessment or misuse of powers. It is not for
         the Community judicature to review the merits of the administration’s assessment of the professional abilities of an official,
         where it involves complex value-judgments which by their very nature are not amenable to objective verification.
      
      (see paras 111, 117)
      See:
      T-53/99 Progoulis v Commission [1999] ECR-SC I‑A‑255 and II‑1249, paras 27 and 29; T-187/01 Mellone v Commission [2002] ECR-SC I‑A‑81 and II‑389, para. 51; T-96/04 Cwik v Commission [2005] ECR-SC I‑A‑343 and II‑1523, para. 41
      
      F‑42/05 Rossi Ferreras v Commission [2007] ECR-SC I‑A‑1‑0000 and II‑A‑1‑0000, para. 33
      
      7.      The purpose of the descriptive comments in an assessment report is to justify the analytical assessments made in the report.
         Those comments serve as the basis for establishing the assessment and enable the official to understand the mark awarded.
         Consequently, having regard to their dominant role in the drawing up of an assessment report, the comments must be consistent
         with the marks awarded, to such an extent that the marking must be considered to be the quantified or analytical transcription
         of those comments. In view of the very wide discretion which assessors are recognised as having when making judgments in relation
         to the work of persons upon whom they must report, a possible inconsistency in a staff report nevertheless cannot justify
         the annulment of that report unless the inconsistency is manifest.
      
      (see para. 132)
      See:
      T-96/04 Cwik v Commission, para. 80
      
      8.      The administration is not, in principle, required to state reasons for a measure by which it decides not to renew a fixed-term
         contract of employment when it expires. Each of the contracting parties must expect, from the start of their contractual relationship,
         that the other party will make use of his right to rely, before the date of the expiry of the contract, on the terms of that
         contract as they were agreed, that is to say, on the fact that the contract will end on the date stated therein. In the absence
         of any right to the renewal of a fixed-term contract, it appears that it should not be necessary for the administration to
         state reasons for its adherence to the terms of the contract as regards the date initially fixed for its expiry.
      
      However, by the decision adopted by its Director on 8 December 2006 concerning the implementation of Article 6 of the Europol
         Staff Regulations, which contains provisions on the renewal of contracts with Europol, Europol introduced a special system
         designed to ensure transparency in the procedures for renewing contracts. By the introduction of that special system, Europol
         specified the criteria it intended to apply when exercising its discretion as regards the renewal or non-renewal of contracts
         of employment. This resulted in a voluntary curb on Europol’s discretion, given that it was incumbent on Europol to comply
         with Guidelines which it had imposed on itself.
      
      It follows that a member of the Europol staff on a fixed-term contract is entitled to expect Europol to examine carefully
         and objectively whether he fulfils the conditions required to have his contract renewed. If renewal of his contract is refused,
         he has a legitimate interest in being given a statement of reasons reflecting such careful and objective consideration.
      
      (see paras 142-147)
      See:
      T-143/03 Smit v Europol [2005] ECR-SC I‑A‑39 and II‑171, paras 26 to 28, 30 and 32; T-258/03 Mausolf v Europol [2005] ECR-SC I‑A‑45 and II‑189, paras 21 to 23, 25 and 27
      
JUDGMENT OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL (Second Chamber)
      29 September 2009 (*)
      
      (Staff cases – Europol staff – Renewal of contract of a member of the contract staff of Europol – Article 6 of the Europol Staff Regulations – Assessment report)
      In Case F‑114/07,
      ACTION under Article 40(3) of the Convention drawn up on the basis of Article K.3 of the Treaty on European Union on the establishment
         of a European Police Office (Europol Convention) and Article 93(1) of the Europol Staff Regulations,
      
      Rainer Wenning, former member of the staff of the European Police Office, residing in The Hague (Netherlands), represented initially by G. Vandersanden
         and C. Ronzi, avocats, and subsequently by L. Levi, avocat,
      
      applicant,
      v
      European Police Office (Europol), represented initially by B. Exterkate and D. El Khoury, acting as Agents, assisted by B. Wägenbaur and R. Van der Hout, avocats,
         and subsequently by D. El Khoury and D. Neumann, acting as Agents, assisted by B. Wägenbaur and R. Van der Hout, avocats,
      
      defendant,
      THE TRIBUNAL (Second Chamber),
      composed of H. Kanninen (Rapporteur), President, I. Boruta and S. Van Raepenbusch, Judges,
      Registrar: R. Schiano, Administrator,
      having regard to the written procedure and further to the hearing on 20 January 2009,
      gives the following
      Judgment
      1        By application received at the Registry of the Tribunal on 19 October 2007 by fax (the original being lodged on 23 October),
         Mr Wenning seeks, essentially, the annulment of the decision of the European Police Office (Europol) of 21 December 2006 not
         to renew his contract, the annulment of the assessment report drawn up for the period from January to September 2006 and an
         order that Europol pay damages in reparation of the material and non-material loss allegedly suffered. 
      
       Legal context
      2        Article 6 of the Europol Staff Regulations, as amended by the Council Decision of 4 December 2006 (OJ 2006 C 311, p. 1, ‘the
         Staff Regulations’) provides:
      
      ‘All Europol staff, whether recruited to a post which can be filled only by staff engaged from the competent authorities referred
         to in Article 2(4) of the [Convention drawn up on the basis of Article K.3 of the Treaty on European Union on the establishment
         of a European Police Office (Europol Convention)] or whether recruited to a post which is not subject to that restriction,
         shall initially be engaged for a fixed period of between one and five years.
      
      First contracts may be renewed. The total length of the fixed-term contracts, including any periods of renewal, shall not
         be more than nine years.
      
      Only staff recruited to a post not restricted to staff engaged from the competent authorities referred to in Article 2(4)
         of the Europol Convention may be engaged for an indefinite period after serving two contracts for a fixed period consistently
         to a highly satisfactory standard for a minimum period of service of six years.
      
      The Management Board of Europol shall give its consent on a yearly basis in so far as the Director of Europol intends to grant
         contracts of indefinite duration. The Management Board may fix ceilings for the total number of such contracts to be granted.’
         
      
      3        On 8 December 2006, the Director of Europol adopted a decision on the General Policy implementing Article 6 of the Europol
         Staff Regulations (‘the decision of the Director’).
      
      4        Article 6(1) of the decision of the Director reads:
      
      ‘Where a First Contract comes up for renewal, Europol shall consider if it is in a position to offer a Second Contract, based
         on the following considerations:
      
      –        Does the respective staff member possess knowledge or skills that are of particular importance to Europol, or is it likely
         to find a person with knowledge and skills that would outweigh the loss of continuity?
      
      –        Based on the priority of the area of work the respective member has worked in, is it likely for that post to be assigned to
         that area of work for the term of a Second Contract?
      
      –        Are any outside developments, e.g. of a technical or methodological nature, likely to require such extensive training of the
         respective staff member that the granting of a Second Contract would run counter to the interests of Europol?
      
      –        What effect would it have on the balance of skills and experience of the Unit in question and Europol as a whole if a Second
         Contract was not granted to the respective staff member?
      
      –        Are particular projects planned or foreseeable which will require that the specific skills and knowledge of the respective
         staff member are maintained?
      
      –        How has the personal suitability of the respective staff member been seen in the past, in particular with a view to the criteria
         laid down in Article 24(1) of the Staff Regulations?
      
      –        What would be the impact of the decision upon Europol’s obligation to ensure both an adequate representation of all Member
         States and of all official languages of the European Union?
      
      –        Based on the yearly assessment of the respective staff member, has he or she performed at least satisfactorily in the past?
      –        Do exceptional personal or social consequences for the respective staff member of a negative decision outweigh all arguments
         that would normally lead to a negative decision?’
      
      5        Article 9 of the decision of the Director provides that ‘[w]here the maximum period of nine years has not been reached under
         two or more Employment Contracts of a staff member, he or she may be considered for a further extension of the contract that
         makes, in addition to the length of all previous contracts of that staff member, the maximum period of nine years’.
      
      6        Under the first paragraph of Article 28 of the Staff Regulations, ‘[t]he ability, efficiency and conduct in the service of
         each official, with the exception of the Director and Deputy Directors, shall be the subject of a periodical report made at
         least once a year’.
      
      7        The parties refer to the Guidelines for managers and officials concerning the Staff Development and Review Process adopted
         by Europol on 13 October 2004 (‘the Guidelines’). 
      
      8        Under point 5.2 of the Guidelines all those responsible for the assessment of staff are to ‘adopt a no-surprises approach’.
      
      9        The first paragraph of point 7.3 of the Guidelines provides:
      
      ‘At six months the official should be invited to attend an interim review meeting. The purpose of this meeting is to determine
         whether the objectives remain or have been changed by external factors. …’ 
      
      10      Under the first paragraph of point 8.1 of the Guidelines:
      
      ‘A key principle of the Staff Development and Review Process is that the manager and official should reach agreement over
         performance in the past year and set both objectives and the [personal development plan] for the coming year together. However
         it is recognised that on occasions there may be some disagreement over some or all of the elements within the review. In the
         first instance these differences should be discussed between the official and the manager concerned with a view to resolving
         the issues together. Where initial discussions fail to resolve the issue this should be referred to the countersigning manager
         for discussion and resolution. This should be a joint process with all parties involved reaching a consensus’.
      
      11      Point 8.2 of the Guidelines provides inter alia that ‘[w]here for any reason the review process is likely to be delayed the
         manager shall notify the Europol official accordingly’.
      
       Factual background to the dispute
      12      The applicant worked for Europol as an administrator in the ‘Corporate Communications Unit’ of the ‘Corporate Governance Department’
         under an initial four-year contract running from 1 September 1999 to 31 August 2003, renewed for a subsequent four-year period
         from 1 September 2003 to 31 August 2007. 
      
      13      The applicant’s assessment report for the period from 1 September 1999 to 4 September 2000 contained the assessment ‘satisfactory
         or above’. For the periods from 5 September 2000 to 31 August 2001, 31 August 2001 to 31 August 2002 and 31 August 2002 to
         31 August 2003, the applicant received the assessment ‘above satisfactory’. 
      
      14      In June 2004, the then head of the Corporate Communications Unit left Europol. Mr P. was hired from 16 August 2004 as First
         Officer in the Corporate Communications Unit with responsibility for leading it. As Head of the Corporate Communications Unit,
         Mr P. became the applicant’s hierarchical superior and his assessor.
      
      15      There was no assessment of the applicant’s performance for the period from 31 August 2003 to 16 September 2004 and, consequently,
         there is no assessment report for that period in the applicant’s personal file.
      
      16      On 24 January 2005, Mr P. assessed the applicant for the period from 16 September 2004 to 24 January 2005. The marks awarded
         to the applicant varied from 6 out of 10 to 8 out of 10, corresponding to the assessments ‘satisfactory’ or ‘above satisfactory’.
         Although the applicant disagreed with the mark of 6 out of 10 awarded to him under two headings of the assessment report drawn
         up for the period from 16 September 2004 to 24 January 2005, he decided not to challenge the assessment report formally. 
      
      17      The assessment report for the period from 24 January 2005 to 31 December 2005 (‘the 2005 assessment report’), contained, under
         the heading ‘Annual Summary of Performance’, an overall mark of 2 out of 5, and the assessment ‘partially meets performance
         expectations’. Although he disagreed with the mark and the assessment obtained, the applicant did not make a complaint or
         lodge an appeal against the 2005 assessment report.
      
      18      The assessment report for the period from January 2006 to September 2006 (‘the 2006 assessment report’) contained, under the
         heading ‘Annual Summary of Performance’, an overall mark 2 out of 5 and the assessment ‘partially meets performance expectations’.
         
      
      19      On 30 October 2006, Mr P. completed the applicant’s contract renewal consideration form, proposing two options, namely, either
         to renew or extend the applicant’s contract for one year on condition that Article 6 of the Europol Staff Regulations in the
         version in force until 5 December 2006 was amended, or not to renew the contract. 
      
      20      On 8 November 2006, Mr Q., Deputy Director of Europol, recommended to the Director of Europol that the applicant be awarded
         a one-year contract conditional on the amendment of Article 6 of the Europol Staff Regulations in the version in force until
         5 December 2006.
      
      21      On 17 November 2006, Mr P. signed the 2006 assessment report.
      
      22      The decision to amend Article 6 of the Europol Staff Regulations was adopted by the Council on 4 December 2006.
      
      23      Following the meeting which took place on 11 December 2006 between the applicant and the Deputy Director of Europol, in his
         capacity as countersigning manager and that which took place on 14 December 2006 between the applicant and both Mr Q. and
         Mr P., Mr Q. confirmed the overall mark of 2 out of 5 and signed the 2006 assessment report. 
      
      24      On 14 December 2006, the applicant signed the 2006 assessment report. 
      
      25      After a discussion on 15 December 2006 with Mr Q. and Mr P., on 21 December the Director of Europol, Mr R., signed the applicant’s
         contract renewal consideration form indicating that the contract would not be renewed. 
      
      26      By letter of 21 December 2006, Mr R. informed the applicant of his decision not to renew the applicant’s contract (‘the decision
         not to renew the contract’). 
      
      27      In the same letter, Mr R. extended the applicant’s contract for one month until 30 September 2007. 
      
      28      By two separate letters, both dated 13 March 2007, the applicant submitted, first, a request under Article 92(1) of the Europol
         Staff Regulations concerning the 2006 assessment report and, second, a complaint under Article 92(2) of those Staff Regulations
         against both the decision not to renew the contract and the 2006 assessment report. 
      
      29      By decision of 9 July 2007, Mr R. rejected the request and the complaint submitted by the applicant. 
      
       Procedure and forms of order sought 
      30      By letter received by fax at the Registry of the Tribunal on 14 July 2008 (the original being lodged on 16 July 2008), after
         the conclusion of the written procedure, the applicant sought the leave of the Tribunal to lodge six documents by way of offers
         of further evidence under Article 42 of the Rules of Procedure, namely, an article published in the magazine Der Spiegel on 28 April 2008, an article published in the bulletin of the German Police trade union, the Gewerkschaft der Polizei, a
         letter from Mr T., the head of professional training for the largest trade union of the German criminal police, to the applicant
         on the subject of seminars conducted by the applicant, the report by Europol, dated 14 March 2008, entitled ‘Preliminary viewpoints
         of the Europol Directorate on the Europol Self-Assessment 2008’, the proposal, dated 17 March 2008, headed ‘Proposal to the
         Management Board 18 & 19 March – Indefinite Contracts’ and a letter from Mr R. addressed to the staff of Europol and liaison
         officers of 14 March 2008.
      
      31      On 9 September 2008, the Tribunal informed the parties of its decision to register the documents lodged by the applicant by
         letter of 14 July 2008, without prejudice to their admissibility and invited Europol to submit its observations on the production
         of those documents. 
      
      32      By letter of 7 October 2008, received at the registry of the Tribunal the same day by fax (the original being lodged on 10
         October 2008), Europol contended that some of the documents produced by the applicant were inadmissible and submitted that,
         in any event, the documents had no relevance.
      
      33      By way of measures of organisation of the procedure, the Tribunal asked the applicant, by letter of 19 December 2008, pursuant
         to Article 55(2)(d) of the Rules of Procedure, to produce the following documents:
      
      –        a copy of the signed contract for the period from 1 September 1999 to 31 August 2003 and of its renewal concluded for the
         period from 1 September 2003 to 31 August 2007;
      
      –        a copy of the decision of 14 February 2005 on the general policy implementing Article 6 of the Europol Staff Regulations in
         the version in force until 5 December 2006 and of the decision of 8 December 2006 on the general policy implementing Article
         6 of the Staff Regulations, cited by the applicant in his application;
      
      –        a copy of the medical certificates cited by the applicant in his application;
      –        a legible copy of the last page of the 2005 assessment report annexed to the application;
      –        a copy of the document referred to by the applicant as the ‘request’, cited in the application. 
      34      By letter received at the registry of the Tribunal on 8 January 2009 by fax (the original being lodged on 12 January), the
         applicant complied with the Tribunal’s request.
      
      35      At the hearing, the applicant asked the Tribunal to place on the case-file two witness statements written by former colleagues.
         The representative of Europol expressed doubts, at the hearing, as to the admissibility of those documents. The President
         declared that the documents would be placed on the file but that this would be without prejudice to their admissibility. A
         copy of the documents was sent to Europol.
      
      36      Also at the hearing the applicant sought leave to place his salary statement for October 2008 on the case-file. Europol raised
         no objection to the placing of that document on the file. 
      
      37      Following the hearing, on 22 January 2009, the applicant sent a letter to the Tribunal by fax (the original being lodged on
         23 January) to which was annexed a letter from a German insurance company dated 8 January 2009. The applicant requested that
         the oral procedure be reopened so that that document could be placed on the case-file. Pursuant to Article 42 of the Rules
         of Procedure, the Tribunal rejected that request since no justification had been put forward for the late production of the
         document. 
      
      38      The applicant claims that the Tribunal should:
      
      –        annul the decision of the Director of Europol of 21 December 2006 not to renew his contract, and reinstate him at Europol
         as from 1 October 2007;
      
      –        annul, as a consequence, the 2006 assessment report on which the decision not to renew his contract was based;
      –        grant him damages to compensate for the material and non-material loss suffered;
      –        order Europol to pay the costs.
      39      Europol contends that the Tribunal should:
      
      –        declare the action unfounded;
      –        order each party to bear its own costs.
       Law
      1.     The applications for annulment
      40      In support of his claims for annulment of the decision not to renew the contract and the 2006 assessment report, the applicant
         relies on:
      
      –        pleas of infringement of Article 28 of the Staff Regulations, infringement of the Guidelines, breach of the duty to state
         reasons, errors of fact and manifest errors of assessment;
      
      –        pleas of misuse of powers, abuse of powers and breach of the principle of the protection of legitimate expectations;
      –        pleas of breach of the duty to have regard to the interests of officials, the principle of sound administration, the interests
         of the service and the principle of non-discrimination.
      
      41      By his argument as set out in the application, the applicant claims that the decision not to renew the contract, first, does
         not state sufficient reasons and, second, states erroneous reasons in that it relies on the assessment of his work set out
         in the 2006 assessment report. 
      
      42      It appears from the decision not to renew the contract that it is based, inter alia, on the assessment of the applicant’s
         performance over the eight previous years, which includes the assessment of his work made in the 2006 assessment report, as
         Europol expressly states in its defence. 
      
      43      Consequently, it is appropriate to consider first the pleas in law directly concerned with the 2006 assessment report, that
         is to say those of breach of Article 28 of the Staff Regulations, breach of the Guidelines, errors of fact and manifest errors
         of assessment, before ascertaining, in relation to the plea of breach of the duty to state reasons, whether the reasons stated
         for the decision not to renew the contract were sufficient and exempt of error. Second, the pleas in law alleging misuse of
         powers, abuse of powers and breach of the principle of the protection of legitimate expectations and the pleas in law alleging
         breach of the duty to have regard to the interests of officials, of the principle of sound administration, of the interests
         of the service and of the principle of non-discrimination will be examined.
      
       The pleas in law of breach of Article 28 of the Staff Regulations, breach of the Guidelines, errors of fact and manifest errors
            of assessment directed against the 2006 assessment report
       Arguments of the parties
      44      The applicant claims, first, that the objectives set for 2006 were not measurable. In any event, the applicant met those objectives.
         
      
      45      As regards the objectives set for 2007 in the 2006 assessment report, not only were they not measurable but the applicant
         was expected to meet them by March 2007.
      
      46      The applicant also points out that it cannot be inferred from the fact that he managed to meet the objectives set for 2006
         that those objectives were ‘specific, attainable and realistic’.
      
      47      Second, the applicant points out that no assessment was made of him for 2004 and that the assessments for 2005 and 2006 were
         made late. He was never notified of those delays. 
      
      48      Third, the applicant claims that the result of his interview with Mr Q. in his capacity as countersigning manager should have
         been mentioned in the 2006 assessment report in line with the practice of the former Deputy Director of Europol in his 2005
         assessment report. In the 2006 assessment report, Mr Q. confined himself to confirming the assessment made by Mr P. in his
         capacity as assessor. He did not examine the documents produced by the applicant and did not listen to his arguments. 
      
      49      In the course of the assessment for 2006, the countersigning manager did not attempt to resolve the problems existing between
         the applicant and his assessor. The countersigning manager confined himself, at the meeting of 11 December 2006, to indicating
         to the applicant that he did not know him, that he would not alter overall the mark given by the assessor and that the applicant’s
         performance was not good, thus demonstrating his lack of impartiality. At the meeting of 14 December 2006, the countersigning
         manager merely repeated what he had said at the meeting of 11 December 2006. 
      
      50      The applicant states that the countersigning manager did not attend a one-day training course for assessors until the end
         of December 2006. Moreover, the applicant expresses doubt as to whether the countersigning manager understood the arguments
         raised at the meeting of 11 December 2006, given his allegedly limited knowledge of the English language. 
      
      51      Fourth, the applicant points out that there was no interim assessment meeting, contrary to what is provided for by the Guidelines,
         nor any formal warning from his line manager informing him that his performance had not improved since the last assessment.
         As a consequence, the applicant only became aware of certain problems at the time of his assessment, which constituted a contravention
         of the ‘no-surprises’ approach laid down in the Guidelines. 
      
      52      Fifth, several errors of fact and assessment were made in the assessment of the applicant for 2006.
      
      53      First, the applicant takes the view that certain matters should not have been mentioned in the 2006 assessment report, notably
         the comments relating to ‘smoking breaks’. 
      
      54      Next, the applicant maintains that most of the negative remarks and comments appearing in the 2006 assessment report are drafted
         in vague terms. The applicant observes in that regard that his countersigning manager told him that this was done on purpose
         in order to protect him.
      
      55      Moreover, in the opinion of the applicant, the general observations made by the countersigning manager in the 2006 assessment
         report were positive. There was thus a clear inconsistency between the overall mark of 2 out of 5 obtained and the content
         of that report.
      
      56      In addition, it is apparent from a comparison of the 2005 assessment report with the 2006 assessment report that the applicant’s
         attitude improved in 2006. No specific reasons were stated for that variation in the assessment.
      
      57      The applicant also points out that, in the light of the promise made to him in 2005 that his mark would be increased if his
         performance continued to improve, the overall mark of 2 out of 5 is incomprehensible. This represents a further inconsistency
         in the 2006 assessment report.
      
      58      The applicant also claims that there is a lack of proportion between the positive remarks and the negative remarks in the
         2006 assessment report. Thus, while the report records ‘good feedback’ from exhibition organisers and from persons who have
         had their visits organised by the applicant, mention is made only of a ‘good result’ rather than a ‘very good result’. Similarly,
         it is not made clear that the persons in question were Ministers, Secretaries of State or other important figures. In support
         of this argument, the applicant also cites the fact that 35 evaluation forms were filled in regarding the organisation of
         a seminar on ‘Cooperation in the field of Public Relations’ in which the participants considered that the organisation of
         the workshops by the applicant was good or very good. The applicant also pointed out that he had always had good or very good
         feedback, particularly from the international media and the public. 
      
      59      The applicant also disputes the assessor’s remark in the 2006 assessment report that ‘the unit has got much more tasks as
         well as more staff. It sometimes seems as if [the applicant] doesn’t appreciate all new developments and challenges, maybe
         because some of these are different compared to those [he] used to be familiar with’. The applicant states that even if there
         had been an increase in the responsibilities and tasks of the unit, his own tasks had not changed. The applicant’s differences
         with his superiors concerned the lack of a strategy for the work to be carried out. 
      
      60      In addition, the countersigning manager concluded the 2006 assessment report with the remark that ‘input was a little superficial,
         but this might be due to the short notice given and time pressure’. The applicant alleges that this remark relates to his
         contribution to the ‘the external communication strategy’. According to the applicant, that contribution was not superficial.
         Moreover, in his contribution the applicant quoted from his final examination paper in an ‘exam of a long distance study’,
         which had received the highest score in the class. In addition, the pressure was real and not merely potential as the applicant
         had only six days to draft his contribution. 
      
      61      The applicant also points out that a certain confusion was apparent from the 2006 assessment report. For instance, the applicant
         drafted a contribution to ‘Europol’s media strategy’ following all the instructions given. However, the applicant states that
         Mr P., when offering to help him prioritise, accused him of hesitating. According to the applicant, even though certain tasks
         did not fall within the priorities set, the applicant none the less coped with them successfully. 
      
      62      Again on the subject of carrying out priority tasks, Mr P. alleged in the 2006 assessment report that the applicant frequently
         omitted to forward a monthly list of tasks and duties carried out. The applicant states that he did not fill in the forms
         detailing tasks carried out because Mr P. did not read them and priorities were not set on the basis of the content of the
         forms collected. The applicant illustrates this argument by describing how he sent Mr P. a note concerning the proposal to
         establish a communication outpost in the event of an attack on the Europol headquarters. The proposal was presented by the
         applicant at a conference in February 2006 to all the spokespersons of the police forces of the Member States. After this,
         the applicant made detailed arrangements with the units of Europol concerned. According to the applicant, Mr P. then had to
         submit the project for the approval of the Deputy Director and then of the Director of Europol, which he did not do, despite
         a reminder sent by the applicant to Mr P. on 11 October 2006. Thus, the applicant suffered damage as a result of the harm
         to his reputation with the police spokespersons of the Member States. 
      
      63      The applicant then states that the general reference in the 2006 assessment report to ‘some problems’ which he had in finalising
         a project for the creation of a ‘Europol Terminology Guide’ is not comprehensible. If those problems related to possible delays
         in the creation of that guide, the applicant points out, first, that it is clear from the 2006 assessment report that that
         project was not considered to be a priority. Second, the applicant points out that the ‘Europol Terminology Guide’ was finally
         completed and published at the beginning of December 2006. 
      
      64      Mr P. also criticised the applicant for not keeping the colleague shadowing him informed of all developments within his area
         of responsibility, which, according to the applicant is a false accusation. Moreover, in an email of 4 December 2006 the applicant’s
         shadow stated that he failed to inform her only once, that this was not a serious omission and that it was an exaggeration
         to call it an error. In any event, the applicant claims that the assessor should specify the occasions on which he had asked
         or reminded the applicant to inform his shadow of important matters falling within his area of responsibility. 
      
      65      Mr P. also stated in the 2006 assessment report that, when taking leave, the applicant had handed over tasks to other members
         of staff in a manner which created extra work and frustration. The applicant produces an email dated 31 October 2006 sent
         by one of his colleagues, Mrs K., who took over his work while he was on holiday at the beginning of September 2006, which
         indicated that only one problem had arisen and that it was not a ‘disaster’. 
      
      66      Finally, the applicant maintains that it is false and misleading to state in the 2006 assessment report that he carried out
         some tasks in a little too casual a way, without making the extra effort which would have led to better results, in particular
         as regards the preparation of workshops for the seminar in February 2006. The applicant claims that no criticism was raised
         at the meeting held immediately after the seminar for all the press officers of the Member States. An overview of the evaluation
         of the ‘Awareness Seminar’ shows that the marks given by the participants in the workshops organised by the applicant were
         high. Moreover, when the applicant announced that he was leaving Europol, he received thanks for the work he had done from
         colleagues and persons outside Europol.
      
      67      Europol counters, first, as regards the alleged lack of clarity in the establishment of objectives, that the present proceedings
         do not concern the 2005 assessment report. Moreover, there is a manifest contradiction in stating, on the one hand, that the
         objectives established for 2006 in the 2005 assessment report were not measurable, while declaring, on the other hand, that
         the applicant had met them.
      
      68      As regards the applicant’s allegation that the objectives for 2007 were not measurable, Europol observes that objectives are
         explicitly set out in section 8 of the 2006 assessment report. Those objectives are measurable since they all relate to the
         accomplishment of specific tasks and were agreed to by the applicant at the first meeting between him and his assessor on
         17 November 2006. 
      
      69      Europol notes, finally, that, under the Guidelines, each objective does not need to cover an entire year.
      
      70      Second, as regards the alleged delay in assessment, Europol points out, first, that the assessment reports for the years before
         2006, which are now final, are outside the scope of the present proceedings. Europol then maintains that the applicant is
         mistaken in asserting that he was not informed of the delay in his assessment for 2004, or that he was not assessed at all
         for 2004. The applicant was informed in June 2004 of the departure of his former line manager and of the delay which that
         departure would cause as regards his assessment. For the period from 16 August 2004 to 24 January 2005, the applicant was
         assessed on the latter date. For 2005, he was assessed on 22 January 2006. Finally, for the period from January to September
         2006, he was assessed on 25 October 2006. 
      
      71      As regards the establishment of the 2006 assessment report, Europol states that it was signed on 17 November 2006 and finalised
         in December 2006. Therefore, the applicant cannot maintain that there was any delay in its establishment or that the delay
         was unreasonable. Even if the time taken were considered unreasonable, Europol points out that it cannot constitute a ground
         for annulment of the 2006 assessment report.
      
      72      Third, regarding the alleged failure of the countersigning manager, Europol first observes that the applicant met Mr Q. twice,
         which gave him an opportunity to make known his views on the 2006 assessment report. Next, Europol points out that it cannot
         be inferred from the fact that Mr Q. approved the assessment made by Mr P., that he did not discharge his obligations as provided
         for by point 8.1 of the Guidelines. Moreover, according to the case-law of the Court of Justice of the European Communities,
         it is open to the countersigning manager to confirm the assessment of the assessor. 
      
      73      Moreover, the fact that Mr Q. confirmed the assessment made by Mr P. does not mean that he did not examine the documentation
         provided by the applicant. The attempt to present the practice of the former Deputy Director of Europol, who acted as countersigning
         manager in the context of the 2005 assessment report, as evidence for the applicant’s allegations is clearly unfounded. The
         practice of that Deputy Director in 2005 could not possibly prove that Mr Q. did not, in 2006, read the documents provided
         by the applicant. 
      
      74      Next, Europol turns to the role of the countersigning manager which is, according to the Guidelines, to ‘act as a mediator
         should a dispute arise’. As such, the countersigning manager is not required to substitute himself for the assessor. He is
         merely required to hear both sides in a dispute, examine the respective positions and come to a conclusion. This task cannot
         be interpreted as creating an obligation on the countersigning manager to find a compromise. 
      
      75      As regards the statement that Mr Q. showed a ‘biased attitude’ towards the applicant, Europol stresses, first, that the applicant
         is, again, attempting to justify his assertion by appeal to conjecture and speculation without providing the slightest evidence.
         Next, the fact that the countersigning officer did not ultimately side with the applicant cannot establish that he is biased.
         Finally, the countersigning officer discharged his duties as a mediator correctly in hearing the applicant’s concerns and
         then arranging the meeting of 14 December 2006, to allow the applicant and Mr P. to attempt to arrive at an agreement.
      
      76      Fourth, Europol observes that it is contradictory of the applicant to claim both that the ‘no-surprises’ approach provided
         for by the Guidelines was disregarded and to express his point of view on the assessment of his performance as brought to
         his attention throughout the assessment period and as addressed in the 2006 assessment report. Thus, Europol observes that
         the applicant was able to make known his views on the concerns raised, such as his failure to forward a monthly list of tasks
         and duties carried out to Mr P., his failure to keep the colleague shadowing him informed or the handover of tasks when on
         leave. 
      
      77      Europol states, in addition, that a written warning was delivered in person to the applicant regarding his conduct in communications
         to his superior on 3 April 2006. Moreover, in an email of 13 April 2006 to the applicant, Mr P. expressed his dissatisfaction
         at not being informed of the applicant’s communications with the Director of Europol. Then in August 2006, Mr P. verbally
         brought to the applicant’s attention some concerns he had regarding the applicant’s failure to use time for daily tasks and
         its impact on discouraging team spirit.
      
      78      Europol observes, finally, that point 5.2 of the Guidelines, which requires that a ‘no-surprises approach’ be adopted towards
         underperformance, must be interpreted as an exhortation to management to ensure underperformance is dealt with as quickly
         as possible. This does not translate into a requirement that every point made in criticism in an assessment report must be
         directly justified by a previously notified instance of underperformance. Europol observes in that regard that, according
         to the case-law of the Court of Justice, the value-judgments made in an assessment report do not have to be discussed in advance
         or be made subject to written warnings, provided they are discussed during the assessment process, as was the case at three
         consecutive meetings held in the presence of the applicant during the procedure followed for the 2006 assessment. 
      
      79      In general, Europol claims that, if the breaches of obligations alleged by the applicant were proved, which they are not in
         this case, they would have to constitute substantive errors to invalidate the assessment. Such substantive errors are not
         expressly pleaded by the applicant.
      
      80      Fifth, as regards the alleged errors of assessment, Europol observes, in general, that the Court’s scope of review is limited
         to verifying whether the challenged act is based upon a manifest error, that assessors have a discretion in their appraisal
         of the work of persons they are required to assess, that it is for the applicant to establish the existence of a sufficiently
         serious inconsistency between two assessment reports to warrant a limitation of the discretion of the administration and,
         finally, that the general explanatory commentary to the analytical points made in an assessment enables the Court to exercise
         its power of review. 
      
      81      In the present case, the applicant has not established the existence of a manifest error. Moreover, his allegations regarding
         isolated points in the 2006 assessment report cannot invalidate the general comments in that report.
      
      82      For instance, as regards the comment in the 2006 assessment report regarding ‘smoking breaks’, Europol contends that it is
         directly relevant to the applicant’s working hours and thus clearly an assessment-related issue. 
      
      83      Next, as regards the applicant’s discontent at the negative remarks and comments made by Mr P. in the 2006 assessment report,
         Europol observes that the applicant confines himself to mere unsubstantiated claims and speculative conclusions. 
      
      84      As regards the alleged inconsistency between the content of the 2006 assessment report and the overall mark of 2 out of 5
         obtained, the applicant takes account only of the positive remarks made in the 2006 assessment report, thus limiting himself
         to a selective reading of the content of that report. 
      
      85      Similarly, the applicant’s selective reliance on two examples of improvement in his performance in 2006 compared with his
         performance as assessed in previous assessment reports does not automatically entitle him to a better mark. According to Europol,
         the assessor’s comments need to be taken as a whole.
      
      86      Europol also contends that the applicant seeks to illustrate an alleged ‘disproportion’ between positive and negative elements
         in the 2006 assessment report by substituting, without any basis for doing so, his own speculative evaluation for that of
         Mr P.
      
      87      As regards the alleged ‘promise’ made in the 2005 assessment report, Europol points out that the report signals that ‘there
         has been a change in attitude towards the job ... [If] this approach continues, there is no doubt that the mark given under
         “Annual summary of performance” will change for the next assessment’. However, Europol stresses that this wording clearly
         cannot be understood as a binding commitment undertaken by Europol to automatically improve the applicant’s score in the 2006
         assessment report. 
      
      88      Finally, as regards the arguments put forward by the applicant summarised in paragraphs 60 to 66 of this judgment, Europol
         alleges that the applicant seeks to challenge a number of passages from the 2006 assessment report, by citing certain specific
         isolated events. However, those passages of the 2006 assessment report were intended to reflect the overall impression gained
         by the assessor of the entire period under assessment. 
      
       Findings of the Tribunal
      89      In support of his pleas in law of breach of Article 28 of the Staff Regulations, breach of the Guidelines, errors of fact
         and manifest errors of assessment, the applicant makes several claims. It is appropriate, first, to consider the claims relating
         to the pleas of breach of Article 28 of the Staff Regulations and the Guidelines. The claims made in support of the plea of
         errors of fact and manifest errors of assessment will be examined second. 
      
      –       The claims in support of the pleas of breach of Article 28 of the Staff Regulations and of the Guidelines 
      90      The applicant alleges, first, that the objectives set for the assessments prior to 2006 and those set for 2006 and 2007 were
         not measurable. In that regard, the applicant cites Annex 2 to the Guidelines which specifies that a measurable (verifiable)
         objective ‘must be capable of assessment on the basis of quality, time, quantity and resources’. 
      
      91      It must be observed, first, that the assessment exercises prior to 2006 were concluded by assessment reports which have now
         become final. Therefore, since he did not submit, within the time-limit laid down by Article 92(2) of the Staff Regulations,
         a complaint against the assessment reports prior to the 2006 assessment report, the applicant cannot contest their legality
         in the present proceedings. 
      
      92      Second, it must be observed that the applicant confines himself to alleging that the objectives set for 2006 and 2007 are
         not measurable without specifying the objective or objectives to which he refers. If the applicant intends to refer to all
         the objectives set for 2006 and for 2007, it must be held that the applicant has not made clear in what respect they are not
         measurable or verifiable. 
      
      93      In any event, it does not appear from the 2005 assessment report or from the 2006 assessment report that the objectives set
         for 2006 and 2007 respectively cannot be verified. For instance, the 2005 assessment report set the following objectives for
         2006: ‘to arrange more interviews than in 2005; to harmonise publications; to improve speech writing capacity; to be more
         involved in strategic issues’. For 2007, the 2006 assessment report set the following objectives: ‘to arrange and initiate
         more interviews than earlier; to finalise a publications production plan; to improve speech writing capacity; to develop a
         new set of law enforcement publications; to contribute to the development and update of a Media Strategy’. The 2005 assessment
         report and the 2006 assessment report also indicate the link between each individual objective and the objectives set for
         the unit to which the applicant belonged (link to team/Unit objectives). Moreover, it must be observed that the applicant
         claims to have met the objectives set for him for 2006 and 2007. That assertion contradicts his argument that the objectives
         for 2006 and 2007 were not measurable. 
      
      94      Next, as regards the claim that the countersigning manager, who is alleged to have little knowledge of English, neither examined
         the documents produced by the applicant nor listened to his arguments, suffice it to observe that those allegations are not
         supported by any specific factual evidence. In his application, the applicant confines himself to stating that ‘[i]t is not
         because Mr [Q.] met twice with [him] that this means he examined the documentation submitted by the [applicant] and heard
         his arguments. In fact, this never happened’. Moreover, there is no evidence on the file that the countersigning manager did
         not examine those documents or listen to the applicant’s arguments. As Europol pointed out, the fact that the countersigning
         manager did not reach a different conclusion regarding the assessment of the applicant from that reached by the assessor is
         not sufficient to establish that Mr Q. did not carry out his duties as countersigning manager properly. 
      
      95      In that connection it must be borne in mind that point 8.1 of the Guidelines provides that the countersigning manager is to
         hear the assessor and the member of staff and try to resolve their differences. In the present case it is common ground that
         the countersigning manager held several meetings with the applicant and the assessor. The applicant does not adduce the slightest
         evidence capable of demonstrating that, at those meetings, the countersigning manager did not fulfil his role of mediator
         properly. He confines himself to maintaining that the countersigning manager said at those meetings ‘that he did not know
         the appellant and that he normally did not change the score of the line manager and that performance was not good’ and that
         the countersigning manager did not follow until the end of December 2006 the one-day training course for assessors, thus hinting
         at a certain incompetence on the part of the countersigning manager without, however, proving it. 
      
      96      The applicant claims in addition that, in 2004, his performance was not assessed. It must be found, first, that an assessment
         report was drawn up for the period from 16 September 2004 to 24 January 2005, which was annexed to the defence by Europol.
         Therefore the only item missing from the applicant’s personal file is an assessment report for the period from 31 August 2003
         to 16 September 2004. It is true that, according to case-law, the absence of a staff report from an official’s personal file
         is liable to cause that official non-material damage if such absence was capable of having affected his career (Joined Cases
         T‑78/96 and T‑170/96 W v Commission [1998] ECR-SC I‑A‑239 and II‑745, paragraph 233, and Case T‑246/02 Ferrer de Moncada v Commission [2004] ECR-SC I‑A‑257 and II‑1137, paragraph 68). In the present case, the applicant appears to be maintaining that the absence
         of assessment for 2004 ‘led to many problems directly related to the [applicant’s] assessment and the decision not to prolong
         his contract’. However, not only is this allegation not supported by any specific facts, but it is also not clear from the
         evidence on the file that the absence of assessment for part of 2004 had an effect on the 2006 assessment report or on the
         decision not to renew the contract. 
      
      97      As regards the claim that the applicant was not informed of the absence of an assessment for 2004, in breach of point 8.2
         of the Guidelines, it is to be noted, first, that only a part of 2004, that is the period from 1 January to 16 September 2004,
         was not assessed. The Guidelines were not adopted until 13 October 2004. Second, even if the Guidelines had been applicable
         to the period from 1 January to 16 September 2004, it must be pointed out that, although point 8.2 of the Guidelines provides
         that any delays in the assessment report must be ‘notified’ to the person concerned, which, by Europol’s own admission, did
         not seem to have happened, it is settled case-law that breaches of procedural rules constitute substantial irregularities
         of such a kind as to render an assessment report invalid if the applicant can show that in the absence of those irregularities
         the content of the report might have been different (see, to that effect, Case T‑212/97 Hubert v Commission [1999] ECR-SC I‑A‑41 and II‑185, paragraph 53; judgment of the Civil Service Tribunal of 15 December 2008 in Case F‑34/07
         Skareby v Commission [2008] ECR-SC I-A-1-000 and II-A-1-000, paragraph 40, on appeal to the Court of First Instance, Case T‑91/09 P). It has in
         no way been proven by the applicant that the failure to notify him of delay in the drawing up of the 2004 assessment report
         had any effect whatsoever on the content of the 2006 assessment report, against which the action was brought. 
      
      98      As regards the alleged delay in the assessment of the applicant for 2006, it must be pointed out, first, that neither the
         Staff Regulations nor the Guidelines lay down an exact date for the completion of assessment reports. Article 28 of the Staff
         Regulations provides only that an assessment report is to be drawn up ‘at least once a year’. It must be borne in mind that,
         although the administration has an overriding duty to ensure that staff reports are drawn up periodically on the dates laid
         down by the Staff Regulations and that they are drawn up in a proper form, both for reasons of sound administration and in
         order to safeguard the interests of officials, the administration has a reasonable period in which to draw up assessment reports
         in the absence of rules making the conduct of the assessment procedure subject to specific time-limits (see, to that effect,
         Case T‑193/03 Piro v Commission ECR-SC I‑A‑121 and II‑547, paragraphs 76 to 78). In the present case, the 2006 assessment report, which covered the period
         from January to September 2006, was completed and signed by the assessor and the applicant on 17 November 2006 and countersigned
         by the countersigning manager on 14 December 2006. In those circumstances, it must be considered that the 2006 assessment
         report was drawn up within a reasonable time. Therefore, the claim that the report was delayed must be dismissed. 
      
      99      The applicant also criticises the fact that the objectives for 2007 had to be met by March 2007. According to the applicant
         they needed to have been met by August 2007, when his contract ended. Suffice it to note that no provision of the Staff Regulations
         or the Guidelines prohibits a requirement that an objective be met before the end of the assessment period. Moreover, the
         applicant does not cite any specific legal basis in support of his argument. On the contrary, it appears from the provisions
         of the Guidelines, and in particular from point 7.3, that the objectives initially set can be altered during the course of
         the assessment period. Moreover, Annex 2 to the Guidelines provides that objectives should be ‘time-related: the objective
         should possess clear deadlines by which outputs should be delivered’, and thus do not require that the deadline should correspond
         to the end of the assessment period. Finally, it does not appear unreasonable to require an objective to be met some months
         before the end of the contract which was fixed at 31 August 2007. In addition, it must be observed that the applicant placed
         his signature on the page of the 2006 assessment report setting objectives for the end of March 2007, confining himself to
         asserting, in his application, that he ‘agreed on objectives in order to avoid discussion with his line manager’. 
      
      100    As regards the fact that the countersigning manager did not mention in the 2006 assessment report the outcome of his interview
         with the applicant, it should also be noted that no provision of the Staff Regulations or of the Guidelines imposes such an
         obligation on the countersigning manager. There is nothing to prevent the countersigning manager from confining himself to
         confirming the assessment made by the assessor. Moreover, according to case-law, the assessor is to carry out the assessment
         in close association with the countersigning manager, it being specified that the countersigning manager has the discretion,
         following a dialogue requested by the official assessed, either to amend or to confirm the report (see, to that effect, Case
         T‑157/04 De Bry v Commission [2005] ECR-SC I‑A‑199 and II‑901, paragraph 44).
      
      101    The applicant submits that he learned ‘with great surprise’, at the time of his assessment, that his performance was unsatisfactory.
         He adds that, contrary to point 7.3 of the Guidelines, there was no interim assessment meeting. 
      
      102    Point 7.3 of the Guidelines does provide that after six months the official should be invited to attend an interim review
         meeting. According to the case-file, Europol does not dispute that no such meeting took place. Moreover, section 10 of the
         2006 assessment report, headed ‘Probation/Interim Review’, makes no mention of one. However, as point 7.3 of the Guidelines
         makes clear, the purpose of that meeting is to determine whether the objectives remain or have been changed by external factors.
         It is true that point 7.3 of the Guidelines also indicates that the official should be given a self assessment form in advance
         of the meeting to allow him to prepare areas for discussion. It should therefore be considered that the applicant could reasonably
         have believed that, at that meeting, the unsatisfactory aspects of his performance would be discussed. However, even if the
         failure to hold such a meeting may constitute a breach of a procedural rule, it must be borne in mind, as already recalled
         in paragraph 97 of this judgment, that, according to case-law, breaches of procedural rules constitute substantial irregularities
         of such a kind as to render an assessment report invalid if the applicant can show that in the absence of those irregularities
         the content of the report might have been different. In the present case, however, that condition cannot be found to have
         been met.
      
      103    Moreover, it must be pointed out that, in its defence, Europol contended that the applicant was given information about his
         performance several times in 2006. A written warning was sent to the applicant on 3 April 2006 about his conduct towards his
         line manager. Europol also states that, on 13 April 2006, the applicant’s line manager expressed his dissatisfaction at not
         being informed of the applicant’s communications with the Director of Europol and that, in August 2006, he verbally brought
         to the Applicant’s attention some concerns he had regarding the applicant’s failure to use time for daily tasks and its impact
         on discouraging team spirit. That contention by Europol was not disputed by the applicant at the hearing.
      
      104    In any event, it must be borne in mind that, according to case-law, the very purpose of the reports procedure is to review
         the work and abilities of the official concerned at each predetermined due date. Since the assessor’s judgment relating to
         the reference period is drawn up following a procedure involving the participation of both parties, the official concerned
         cannot rely, subsequently, on the absence of intermediate criticisms during the reference period. It cannot therefore be required
         that the value-judgments made by line managers in the course of the consultation held under the reports procedure in respect
         of a given period be discussed beforehand between the official assessed and his superiors or form the subject of a prior written
         warning during the reference period since they are the subject of a genuine exchange of views during the reports procedure
         (see, to that effect, Case C‑344/05 P Commission v De Bry [2006] ECR I‑10915, paragraphs 37 to 45; Joined Cases T‑155/03, T‑157/03 and T‑331/03 Cwik v Commission [2005] ECR-SC I‑A‑411 and II‑1865, paragraph 142). In the present case, not only does the applicant not claim that he was
         deprived of any discussion with the participation of both parties during the assessment procedure, but also, as indicated
         in paragraph 94 of this judgment, nor does he establish that the countersigning manager failed to read the documents he sent
         him or listen to his arguments. 
      
      105    The applicant also alleges that most of the negative remarks and comments made by Mr P. were rather vague. The applicant adds
         that Mr P. told him that he worded them in this way purposely in order to protect him. 
      
      106    According to Article 44(1)(c) of the Rules of Procedure of the Court of First Instance of the European Communities, applicable
         mutatis mutandis to the Tribunal by virtue of Article 3(4) of Council Decision 2004/752/EC of 2 November 2004 establishing the European Union
         Civil Service Tribunal (OJ 2004 L 333, p. 7) until the entry into force of the latter’s own rules of procedure, an application
         must state ‘the subject-matter of the proceedings and a summary of the pleas in law on which the application is based’. According
         to case-law, that statement must be sufficiently clear and precise to enable the defendant to prepare its defence and the
         Tribunal to exercise its power of judicial review. In order to guarantee legal certainty and sound administration of justice
         it is necessary, in order for an action to be admissible under the aforementioned provisions, that the basic legal and factual
         particulars relied on be indicated, at least in summary form, coherently and intelligibly in the application itself (see,
         by analogy, the order of 28 April 1993 in T‑85/92 De Hoe v Commission [1993] ECR II‑523, paragraph 20, and the order of 21 May 1999 in Case T‑154/98 Asia Motor France and Others v Commission [1999] ECR II‑1703, paragraph 42; and the judgment in Case T‑277/97 Ismeri Europa v Court of Auditors [1999] ECR II‑1825, paragraph 29).
      
      107    In that regard, suffice it to observe that the applicant confines himself to stating that the negative comments made about
         him in the 2006 assessment report are ‘vague’ without specifying which comments are referred to, so that it is not possible
         to assess whether that claim is well founded. It must also be observed that Europol, which contended in its defence that the
         applicant made ‘simple unsubstantiated claims’, was not able to prepare its defence on that point. As to the allegation that
         Mr P. told the applicant that the vague wording was deliberate, it must be found that that allegation is not substantiated
         by any specific evidence.
      
      108    The applicant appears, finally, to contest the reasoning in the 2006 assessment report in so far as no reasons are stated
         for not increasing the overall mark of 2 out of 5 awarded in the 2005 assessment report although the 2006 assessment report
         indicates that his attitude had improved. In support of this claim, the applicant cites case-law according to which the duty
         to state reasons for any change in relation to the previous staff report is intended to enable the official to know why the
         analytical assessments have changed, to verify the factors relied upon and hence to submit his observations on the statement
         of reasons in the context of his right to be heard. The periodic report is vitiated by failure to observe an essential procedural
         requirement if the failure to state reasons has infringed the official’s right to be heard (Case T‑1/91 Della Pietra v Commission [1992] ECR II‑2145, paragraph 30; Hubert v Commission, paragraph 79; and Case T‑50/04 Micha v Commission [2005] ECR-SC I‑A‑339 and II‑1499, paragraph 36). 
      
      109    However, in the present case, the applicant’s mark did not change between the 2005 assessment report and the 2006 assessment
         report. In 2005 the applicant had already obtained an overall mark of 2 out of 5 and the appraisal ‘partially meets expectations’.
         It is true that the assessments obtained by the applicant varied between the 2005 assessment report and his previous assessments.
         However, as the applicant himself mentioned in the application, he did not contest the 2005 assessment report, which has now
         become final.
      
      110    On the basis of all the foregoing considerations, the claims relating to the pleas of breach of Article 28 of the Staff Regulations
         and of the Guidelines must be rejected. Accordingly, those pleas must be dismissed as unfounded.
      
      –       The claims relating to the pleas of errors of fact and manifest errors of assessment 
      111    It must be observed, as a preliminary point, that assessors enjoy a very wide discretion when appraising the work of persons
         upon whom they must report (Case T‑187/01 Mellone v Commission [2002] ECR-SC I‑A‑81 and II‑389, paragraph 51). Consequently, review by the Community judicature of the content of staff
         reports is limited to ensuring that the procedure is conducted in a regular manner, the facts are materially correct, and
         there is no manifest error of assessment or misuse of powers (Case F‑42/05 Rossi Ferreras v Commission [2007] ECR-SC 1-A-1-000 and II-A-1-000, paragraph 33). It is not for the Tribunal to review the merits of the administration’s
         assessment of the professional abilities of an official, where it involves complex value-judgments which by their very nature
         are not amenable to objective verification (Case T‑96/04 Cwik v Commission [2005] ECR-SC I‑A‑343 and II‑1523, paragraph 41).
      
      112    The applicant’s arguments to the effect that the 2006 assessment report was vitiated by errors of fact and manifest errors
         of assessment should be examined in the light of the above considerations.
      
      113    The applicant submits, first, that the comments relating to ‘smoking breaks’ contained in the 2006 assessment report wrongly
         imply that the fact that he absents himself from his office for such breaks affects his performance.
      
      114    It is not disputed by Europol that, in the 2006 assessment report, there is a comment in section 4, according to which, ‘since
         the discussion of time used in the office is a difficult issue [the applicant] and the first officer in charge of [the Corporate
         Communications Unit] have to agree on a more accurate time tracking system to cover breaks used for smoking’. However, the
         applicant’s argument that that comment wrongly implies that his absences from the office affect his performance is based on
         a purely subjective interpretation of that comment. The applicant has not established that it is clear from that comment that
         his ‘smoking breaks’ were considered to have had an effect on his performance. In any event, even if that were the case, it
         must be observed that the applicant has not established that that comment had a decisive influence on the outcome of his assessment
         for 2006 (see, to that effect, De Bry v Commission, paragraphs 92 and 93). Rather, it must be held that this brief comment refers to an incident relating to the management
         of use of working time and invites the person concerned to make suitable arrangements and that it is accompanied by several
         other comments of a more general scope concerning the applicant’s performance.
      
      115    Second, the claim that the overall mark of 2 out of 5 awarded to the applicant in the 2005 assessment report was not increased
         in the 2006 assessment report although a promise had been made in the 2005 assessment report that it would be if he were to
         improve, cannot be upheld. 
      
      116    It is true that the 2005 assessment report indicates that ‘there has been a change in [the] attitude [of the applicant] towards
         the job, which he still finds interesting, and the challenges which [the Corporate Communications Unit] faces; [if] this approach
         continues, there is no doubt that the mark give under “Annual Summary of Performance” will change for the next assessment’.
         
      
      117    However, even if this comment amounts to a promise made to the applicant that his mark would be increased, it must be observed
         that the 2006 assessment report does not record the maintenance by the applicant of the positive attitude described in the
         2005 assessment report. On the contrary, the assessor notes that it sometimes appears that the applicant ‘doesn’t appreciate
         all new developments and challenges’. It is true that the assessor also noted, in the 2006 assessment report, that ‘[c]ompared
         to the previous assessment the dissatisfaction felt by [the applicant] is not seen that often during 2006’ and that ‘[t]he
         general attitude towards the first officer in charge of the [Corporate Communications Unit] has changed to the better’. However,
         the marks awarded to an official by his hierarchical superiors in a staff report are a matter for their personal judgment
         alone and it is not for the Tribunal to substitute its own assessment for theirs (Case T‑53/99 Progoulis v Commission [1999] ECR-SC I‑A‑255 and II‑1249, paragraphs 27 and 29). Thus, even if the attitude of the applicant may have improved in
         2006, he has not established that, by not awarding him a mark of 3 out of 5 as he wished, Europol has made a manifest error
         of assessment. 
      
      118    Third, the applicant alleges that there was a lack of proportion between certain comments contained in the 2006 assessment
         report. According to the applicant, whereas the assessor could have mentioned a ‘very good’ result, he only stated that ‘[g]ood
         feedback regarding [the applicant’s] performance [has] been received from exhibition organisers and also from persons who
         had their visits organised by [the applicant]’. 
      
      119    However, it is not apparent from the file that the applicant received from exhibition organisers or visitors only very good
         feedback. The applicant himself states, in the application, that the feedback on seminars which he organised and on comparable
         projects was good or very good, which clearly does not make the mention of ‘good feedback’ in the 2006 assessment report disproportionate.
         
      
      120    Fourth, the applicant submits that his line manager was wrong to assert in the 2006 assessment report that ‘[i]nput [on the
         external communication strategy] was a little superficial but this might be due to the short notice given and time pressure’.
         According to the applicant, his contribution was not superficial. The applicant points out in that regard that, in his contribution,
         he quoted from his final examination paper in an ‘exam of a long distance study’, which had received the highest score in
         the class.
      
      121    It must be observed that the applicant confines himself to maintaining that his contribution was not superficial, contrary
         to the contention of his line manager, without establishing that the latter made a manifest error of assessment. The mere
         fact that in that contribution the applicant quoted from his examination paper, which received the best mark, does not suffice
         to establish that his contribution was not ‘a little superficial’.
      
      122    As to the applicant’s assertion that the pressure was ‘real and not “might be”‘, it must be observed that, in the 2006 assessment
         report, his line manager does not assert otherwise. He recognises the short notice given and the pressure, which are thus
         accepted, but confines himself to suggesting that they might be the reason for the fact that the contribution was ‘a little
         superficial’.
      
      123    Fifth, the applicant claims that, in the 2006 assessment report, Europol made a number of errors of fact. First, the comment
         that ‘[d]uring the last two years the unit has got much more tasks as well as more staff [and it] sometimes seems as if [the
         applicant] doesn’t appreciate all new developments and challenges maybe because some of these are different compared to those
         [he] used to be familiar with’ is, he alleges, incorrect. Although the number of staff and the tasks of the unit had grown,
         the responsibilities and tasks of the applicant remained the same. The applicant merely disapproved of the unit’s lack of
         any strategy with regard to the work to be done. 
      
      124    It must be observed, on the one hand, that, contrary to the applicant’s claim, the 2006 assessment report indicates, not that
         his tasks and responsibilities had changed, but that the tasks and the staff of the unit had increased, which the applicant
         does not dispute. On the other hand, it must be considered that, by stating that he disapproved of the lack of a strategy
         with regard to the work to be done, the applicant does not contradict the assessor’s comment that ‘[i]t sometimes seems as
         if [the applicant] doesn’t appreciate all new developments and challenges’. In those circumstances, the applicant cannot maintain
         that an error of fact was made in the comment recorded in paragraph 123 of this judgment. 
      
      125    Next, the applicant disputes the assertion that he ‘hesitates when the line manager offers to help prioritising’. It must
         be observed that, while the applicant states in his application that he coped with the tasks required of him, he adds that
         they were ‘unnecessary changes in the priority setting [and] were quite confusing’. Therefore, the applicant does not entirely
         refute the above comment in the 2006 assessment report. He cannot therefore argue that that comment constituted an error of
         fact. 
      
      126    In addition, the applicant submits that, in the 2006 assessment report, it is incorrectly stated that he often neglected to
         forward a monthly list of tasks and duties performed. It must be observed that the applicant does not actually deny that finding
         but confines himself to explaining that if he did not ‘complete the work overviews’, it was because his superior did not read
         them. 
      
      127    As regards the reference to the applicant’s problems in finalising the project to create a Europol terminology guide, it must
         be observed that the applicant himself admits in his application that there was some delay in the project. In any event, it
         is apparent from the 2006 assessment report that his line manager attributes that delay to several factors. 
      
      128    The applicant also submits that it is not true that he failed to keep Mrs G., who was responsible for covering for him, informed.
         It must be found that, although Mrs G. took the view, in correspondence with the applicant, that that failure was not serious,
         she did none the less acknowledge that the applicant had failed to inform her. The applicant cannot therefore infer that that
         comment was vitiated by error when, in fact, he is putting a different interpretation on the significance of the fact at issue.
         
      
      129    The applicant maintains that the comment in the 2006 assessment report that ‘the handover of tasks to other staff members
         in connection with leave can be improved in order to avoid unnecessary work and frustration’, does not reflect the truth.
         In that connection, the applicant produces a brief reply to an email of his from Mrs K., who took over his tasks when he was
         on holiday in September 2006, stating that only one problem arose and did not lead to a ‘severe disaster’. It must be observed
         that that email does not show that the comment in the 2006 assessment report does not reflect the truth. It is true that Mrs
         K. appears to confirm that the problem encountered in the handover of tasks did not lead to a ‘serious disaster’, but in writing
         that matters ‘can be improved’ the assessor does not contradict that assertion.
      
      130    As regards the applicant’s allegation that it is ‘false and misleading’ to state in the 2006 assessment report that ‘[i]t
         will be beneficial if [he] doesn’t see the interest in his daily tasks as if he is too much under administration, but instead
         sees it as a positive interest in his work to the benefit of the unit and the organisation’, suffice it to note that the applicant
         confines himself to describing the positive reactions to his work from participants in workshops organised by him and the
         thanks he received on his departure from Europol from his colleagues and people outside Europol, without, however, establishing
         that that comment is vitiated by errors of fact. 
      
      131    Sixth, the applicant submits that there is an inconsistency in the 2006 assessment report between the award of an overall
         mark of 2 out of 5, on the one hand, and the positive general remarks in the report, on the other. 
      
      132    As the applicant himself recalls in his application, it is settled case-law that the purpose of the descriptive comments in
         an assessment report is to justify the analytical assessments made in the report. Those comments serve as the basis for establishing
         the assessment and enable the official to understand the mark awarded. Consequently, having regard to their dominant role
         in the drawing up of an assessment report, the comments must be consistent with the marks awarded, to such an extent that
         the marking must be considered to be the quantified or analytical transcription of those comments. In view of the very wide
         discretion which assessors are recognised as having when making judgments in relation to the work of persons upon whom they
         must report, a possible inconsistency in a staff report nevertheless cannot justify the annulment of that report unless the
         inconsistency is manifest (see, to that effect, Cwik v Commission, paragraph 80).
      
      133    In the present case, although the comments in the assessment report include positive appraisals, they also express reservations
         as regards certain aspects of the applicant’s abilities, skills and conduct. For instance, it is stated that ‘[i]t sometimes
         seems as if [the applicant] doesn’t appreciate all new developments and challenges’ in the ‘Corporate Communications’ Unit.
         It is also stated that the objectives set for the applicant were partially met, that the harmonising of publications has been
         made difficult by the lack of approval of a corporate design and that input on the external communications strategy was a
         little superficial. As mentioned in paragraphs 111 to 130 of this judgment, it has not been established that these comments
         are vitiated by errors of fact or manifest errors of assessment. 
      
      134    In those circumstances, no manifest inconsistency can be identified between the comments in the 2006 assessment report and
         the overall mark of 2 out of 5 awarded to the applicant. That mark is clearly the quantified transcription of the comments
         in the 2006 assessment report taken as a whole and not only of the positive general comments, as the applicant appears to
         maintain. 
      
      135    The conclusion to be drawn from the considerations set out in paragraphs 111 to 134 of this judgment is that the applicant
         has not proved that the comments in the 2006 assessment report are wholly without foundation in fact or are the result of
         a manifestly erroneous assessment of the facts of the case. That being so, the plea of errors of fact and manifest errors
         of assessment must be rejected. 
      
      136    Consequently, it follows from all the foregoing that the pleas of breach of Article 28 of the Staff Regulations, breach of
         the Guidelines, errors of fact and manifest errors of assessment, directly challenging the 2006 assessment report, must be
         rejected. 
      
       The plea of breach of the duty to state reasons directed at the decision not to renew the contract 
       Arguments of the parties
      137    The applicant submits that the decision not to renew the contract should state reasons to enable him to be clearly informed.
         However, it did not. The reasons stated for the decision not to renew the contract were insufficient and based on an ‘invalid’
         assessment. In that connection, the applicant submits that the assessment made of him in the 2006 assessment report was based
         on errors and inconsistencies. 
      
      138    The applicant also maintains that the decision to reject his complaint does not state any reasons either. He alleges that
         the Director of Europol confined himself to repeating the comments of the assessor in the 2006 assessment report in vague
         terms and without adducing any evidence.
      
      139    At the hearing, the representative of the applicant submitted that several of the questions on the applicant’s contract renewal
         consideration form, which corresponded to those mentioned in Article 6 of the decision of the Director, were not answered.
      
      140    Europol contends, first, that the applicant does not substantiate his allegation that insufficient reasons are stated. Next,
         Europol alleges that the reasons for not renewing the applicant’s contract are apparent merely from reading the decision not
         to renew the contract. Moreover, Europol observes that the decision is not based solely on the 2006 assessment report. Europol
         also states that the complaint, which runs to 30 pages, attests to the abundance of information available to the applicant.
         Finally, Europol adds that, in so far as the decision not to renew the contract is based on the 2006 assessment report, it
         does not contain the inconsistencies alleged by the applicant. 
      
       Findings of the Tribunal
      141    Under Article 94(1) of the Staff Regulations, the employment of Europol staff is to cease, where the contract is for a fixed
         period, ‘on the date stated in the contract’. 
      
      142    According to case-law, the administration is not, in principle, required to state reasons for a measure by which it decides
         not to renew a fixed-term contract of employment when it expires. That case-law takes account of the fact that, as a rule,
         each of the contracting parties must expect, from the start of their contractual relationship, that the other party will make
         use of his right to rely, before the date of the expiry of the contract, on the terms of that contract as they were agreed,
         that is to say, on the fact that the contract will end on the date stated therein. In the absence of any right to the renewal
         of a fixed-term contract, it appears that it should not be necessary for the administration to state reasons for its adherence
         to the terms of the contract as regards the date initially fixed for its expiry (see, to that effect, Case T‑143/03 Smit v Europol [2005] ECR-SC I‑A‑39 and II‑171, paragraphs 26 and 27, and Case T‑258/03 Mausolf v Europol [2005] ECR-SC I‑A‑45 and II‑189, paragraphs 21 and 22).
      
      143    However, as mentioned in paragraph 3 of this judgment, on 8 December 2006, the Director of Europol adopted a decision on the
         General Policy implementing Article 6 of the Europol Staff Regulations, which contains provisions on the renewal of contracts
         with Europol, set out in paragraph 4 of this judgment.
      
      144    Thus, it must be held that Europol did not simply apply Article 94(1)(a) of the Staff Regulations. Europol introduced a special
         system designed to ensure transparency in the procedures for renewing contracts (see, to that effect, Smit v Europol, paragraph 28, and Mausolf v Europol, paragraph 23).
      
      145    By the introduction of that special system, Europol specified the criteria it intended to apply when exercising its discretion
         as regards the renewal or non-renewal of contracts of employment. This resulted in a voluntary curb on Europol’s discretion,
         given that it was incumbent on Europol to comply with Guidelines which it had imposed on itself (Smit v Europol, paragraph 30, and Mausolf v Europol, paragraph 25).
      
      146    Moreover, it must be observed that the applicant’s contract renewal consideration form sets out, under the heading relating
         to ‘Line manager’s comments’, the criteria listed in Article 6 of the Director’s decision, which attests to Europol’s intention
         to follow the instructions in Article 6 in exercising its discretion with regard to the renewal of contracts. 
      
      147    It follows that the applicant was entitled to expect Europol to examine carefully and objectively whether he fulfilled the
         conditions required to have his contract renewed. If renewal of his contract was refused, the applicant thus had a legitimate
         interest in being given a statement of reasons reflecting such careful and objective consideration (see, to that effect, Smit v Europol, paragraph 32, and Mausolf v Europol, paragraph 27).
      
      148    It must therefore be ascertained whether the decision not to renew the contract states sufficient reasons. 
      
      149    In that regard, it must be recalled that, according to settled case-law, the duty to state reasons for a decision adversely
         affecting an official is intended, on the one hand, to provide the persons concerned with sufficient details to enable them
         to assess whether the decision was well founded and whether it would be expedient to bring legal proceedings to contest its
         legality and, on the other hand, to enable the judicial review of the decision (Case C‑150/03 P Hectors v Parliament [2004] ECR I‑8691, paragraph 39; Case F‑121/05 De Meerleer v Commission [2007] ECR-SC I-A-1-000 and II-A-1-000, paragraph 144).
      
      150    It follows that the statement of reasons must disclose in a clear and unequivocal fashion the reasoning followed by the administration
         (Case‑358/90 Compagnia italiana alcool v Commission [1992] ECR I‑2457, paragraph 40), and the scope of that duty must be determined on the basis of the particular facts of each
         case (Case C‑169/88 Prelle v Commission [1989] ECR 4335, paragraph 9, and Hectors v Parliament, paragraph 40).
      
      151    It is in the light of these principles that the reasons which Europol stated for its decision not to renew the contract must
         be examined.
      
      152    The decision not to renew the contract reads, inter alia, as follows:
      
      ‘A business case has been prepared and I must now inform you of the outcome. This business case considers a balance between
         the business needs for the post and your performance.
      
      …
      Taking into account your performance, which was discussed with [Mr Q.] and your [head of unit, Mr P.,] on the 15th of December, I have come to the conclusion that your performance does not reach a level which I would expect from a Europol
         staff member in order to justify the award of an extension of your second contract. I regret to inform you that your contract
         as a Second Officer will not be extended.
      
      I recognise that you have made efforts to improve over the last year; however, your last assessment clearly demonstrates that
         your performance is still below what is expected of Second Officer after eight years of service.’
      
      153    It appears from the wording of the decision not to renew the contract itself that the needs of the service, on the one hand,
         and the applicant’s performance as assessed over his eight years of service with Europol, on the other, were taken into account.
         It is also clearly stated that ‘your last assessment clearly demonstrates that your performance is still below what is expected
         of Second Officer after eight years of service’. In those circumstances the applicant cannot maintain that he was not clearly
         informed of the reasons for the non-renewal of his contract. Europol indicated the specific and concrete reasons, relating
         to the interest of the service and to him personally, for the non-renewal of his contract. 
      
      154    It must also be observed that the applicant was in a position to assess whether the decision not to renew the contract was
         well founded and whether it would be expedient to bring legal proceedings to contest its legality. It is clear from the application
         and the argument of the applicant’s representative at the hearing that, in the applicant’s view, the decision not to renew
         the contract was taken on the basis, inter alia, of the 2006 assessment report and the contract renewal consideration form.
         The applicant also seeks the annulment of the 2006 assessment report, in so far as it constitutes, according to him, the basis
         for the decision not to renew the contract. 
      
      155    For the sake of completeness, as indicated in paragraph 150 of this judgment, account must be taken, in assessing the reasons
         stated for an act adversely affecting an official, not only of the act itself, but also of the circumstances in which it took
         place. It must be observed that the applicant was already in possession, before the adoption of the decision not to renew
         the contract, of the information on the basis of which the administration took that decision. In particular, the 2006 assessment
         report was signed by the applicant on 17 November 2006, that is to say, a little more than a month before the adoption of
         the decision not to renew the contract. The written pleadings of the parties also show that, on 11 and 14 December 2006, that
         is to say, a few days before the adoption of the decision not to renew the contract, the applicant had an interview with Mr
         Q., and then with Mr Q. and Mr P. together, and the evidence on the case-file does not show that those interviews did not
         involve a discussion in which both parties were heard on the subject of the applicant’s performance. Finally, it must be observed
         that, as mentioned in paragraph 103 of this judgment, the applicant’s line manager informed him during the course of 2006
         of his dissatisfaction with some of his conduct, which the applicant did not dispute. 
      
      156    From the considerations set out in paragraphs 152 to 155 of the present judgment, it is clear that sufficient reasons were
         stated for the decision not to renew the applicant’s contract.
      
      157    That conclusion cannot be undermined by the applicant’s argument raised at the hearing that certain questions on the contract
         renewal consideration form were not answered by Europol. First, Article 6 of the decision of the Director, which establishes
         the list of questions for assessing whether an employment contract with Europol should be renewed or not does not require
         that all the questions on the form be answered. Second, it must be observed that Mr P., who filled in the form, answered six
         of the nine questions on the form. Third, it must be observed that Mr P.’s answers to the questions on the form are to the
         same effect as the reasons stated for the non-renewal of the applicant’s contract as set out in the decision not to renew
         the contract.
      
      158    First, as regards the needs of the service, Mr P. answered the question ‘[d]oes the respective member possess knowledge or
         skills that are of particular importance to Europol which … could not easily be replaced by a recruitment procedure?’ and
         the question ‘[a]re particular projects planned or foreseeable which will require the specific skills and knowledge of the
         respective staff member?’ in the negative; and he circled the answer ‘no substantial loss’ in response to the question ‘[w]hat
         effect would the loss of this staff member’s skills and experience have on the skills profile of the unit and department in
         which [she/he] works?’. Second, as regards the applicant’s performance, in response to the question ‘[b]ased on the yearly
         assessments of the respective staff member, how has he or she performed in the past?’, Mr P. circled ‘below satisfactorily’
         and ‘above satisfactorily’, thereby reflecting the respective assessments obtained both since and before the drawing up of
         the 2005 assessment report. In that latter regard, it is to be noted that, under the heading ‘Performance Summary’ on the
         contract renewal consideration form, the following assessments are given: ‘[p]robation satisfactory, [1 September 1999 to
         4 September 2000] satisfactory or above, [5 September 2000 to 31 August 2001] above satisfactory, [31 August 2001 to 31 August
         2002] above satisfactory, [31 August 2002 to 31 August 2003] above satisfactory, [24 January 2005 to December 2005] partially
         meets [performance] expectations (disagreement with countersigning officer).’ 
      
      159    As it has been held that sufficient reasons were stated for the decision not to renew the contract, the claim that insufficient
         reasons were stated for the decision rejecting the complaint must be rejected. 
      
      160    Finally, as regards the claim that the decision not to renew the contract was erroneous in so far as it was based on the assessment
         of the applicant’s performance in the 2006 assessment report, suffice it to observe that, as set out in paragraphs 89 to 136
         of this judgment, the pleas in law directly relied on against that report have been rejected. It follows that the present
         claim must be rejected. It should be added that the same would be true if this claim were classified as a plea in law of errors
         of fact concerning the decision not to renew the contract. 
      
      161    As a result of all the foregoing, the plea of breach of the duty to state reasons must be rejected as unfounded.
      
       The pleas of misuse of powers and abuse of powers and breach of the principle of the protection of legitimate expectations
            
       Arguments of the parties
      162    The applicant submits that the sole aim of his line managers was not to renew his contract, despite the quality of his performance
         and the promise made to him in the 2005 assessment report, that he would be given a better mark if his approach continued.
      
      163    The applicant alleges that the 2006 assessment report was used as a means of not extending his contract rather than assessing
         him, which also constituted a misuse of procedure. In that regard, the applicant’s representative pointed out at the hearing,
         clarifying an argument already put forward in the application, that, until the arrival of Mr P. as head of the Corporate Communications
         Unit, the results of his assessments were ‘satisfactory’ or ‘above satisfactory’. The applicant’s representative then pointed
         out that, after Mr P.’s arrival, the applicant obtained the assessment ‘partly meets expectations’ in the 2005 assessment
         report and the 2006 assessment report, with an overall mark of 2 out of 5.
      
      164    The applicant thus believes that the assessment made of him could not be objective. He adds, moreover, that he was the victim
         of a bullying/mobbing strategy perpetrated by his superior. This also had a negative effect on his health, as it is attested
         by several medical certificates. 
      
      165    The applicant also points out that Mr P. told him on 5 January 2007 that he would support the applicant in his job applications
         only if he did not obstruct matters after the announcement that the contract would not be renewed, which, he argued, was an
         abuse of power
      
      166    The applicant also submits that he had a legitimate expectation that his contract would be converted into one of indefinite
         duration or at least extended. He points out in that connection that, on 8 November 2006, Mr Q. recommended granting him a
         one year contract if the changes to Article 6 of the Staff Regulations were adopted by the Council. 
      
      167    According to Europol, the applicant has failed to adduce any objective, relevant and consistent evidence in support of his
         allegation.
      
      168    Moreover, it contends that the applicant’s assertions are erroneous. In that regard, Europol points out that the decision
         not to renew the contract was not taken solely on the basis of the 2006 assessment report. It was the result of a balance
         between the overall level and evolution of the applicant’s professional performance during his eight years at Europol, on
         the one hand, and the business needs for the post, on the other. 
      
      169    As regards the plea of breach of the principle of protection of legitimate expectations, Europol points out that the indication
         in the 2005 assessment report that the applicant might get a better mark was clearly subject to a condition, that is to say,
         the continued improvement in the applicant’s performance. Second, according to Europol, an assessor cannot validly insert
         binding promises into an assessment report relating to the possible score of a future assessment report. Third, Europol asserts
         that the 2005 assessment report did not and could not validly prejudge the outcome of the overall assessment of the applicant’s
         performance in 2006. Nor could it predetermine either the decision on the renewal of the applicant’s contract, this being
         a matter which involved weighing up the applicant’s performance during his eight years as a member of staff of Europol, or
         the needs of the service. Finally, this passage, coming at the end of the 2005 assessment report, should be understood as
         an encouragement and not as a promise. 
      
       Findings of the Tribunal
      170    As regards the plea in law of misuse of powers, it must be recalled that, according to case-law, the concept of misuse of
         powers applies to cases where an administrative authority has used its powers for a purpose other than that for which they
         were conferred on it. A decision may be vitiated by misuse of powers only if it appears, on the basis of objective, relevant
         and consistent evidence, to have been taken for purposes other than those stated (Case T‑111/99 Samper v Parliament [2000] ECR-SC I‑A‑135 and II‑611, paragraph 64, and Case T‑282/03 Ceuninck v Commission [2008] ECR-SC I-A-2-000 and II-A-2-000, paragraph 48; Case F‑46/07 Tzirani v Commission [2008] ECR-SC I-A-1-000 and II‑A‑1‑000, paragraph159). It is not, therefore, sufficient to refer to certain facts in support
         of claims; there must also be adduced evidence of a sufficiently specific, objective and consistent nature to support their
         truth or, at the very least, their probability (see, by analogy, Case C‑274/99 P Connolly v Commission [2001] ECR I‑1611, paragraph 113; Ceuninck v Commission, paragraph 48; Tzirani v Commission, paragraph 159).
      
      171    In the present case, the applicant cannot be found to have adduced any specific, objective and consistent evidence that Europol
         was pursuing an aim other than that stated.
      
      172    The applicant confines himself to alleging that, with the arrival of Mr P. as head of the Corporate Communications Unit, the
         results he obtained in his assessment reports worsened, without, however, establishing that the sole purpose of the worsening
         marks was the non-renewal of his contract. 
      
      173    Moreover, as regards the claim that the arguments put forward in support of the pleas of breach of Article 28 of the Staff
         Regulations and the Guidelines, errors of fact and manifest errors of assessment demonstrate misuse of powers, suffice it
         to note that those pleas in law have been rejected. 
      
      174    In addition, it is settled case-law that, even though the possibility cannot be excluded that differences between an official
         and his immediate superior may cause a degree of irritation on the part of the immediate superior, that possibility does not,
         as such, imply that the immediate superior is not in a position to assess objectively the merits of the person concerned (Joined
         Cases T‑7/98, T‑208/98 and T‑109/99 De Nicola v EIB [2001] ECR-SC I‑A‑49 and II‑185, paragraph 188, and Case T‑249/04 Combescot v Commission [2007] ECR-SC I‑A-2-000 and II‑A-2-000, paragraph 71).
      
      175    As regards the plea of breach of the principle of the protection of legitimate expectations, it must be observed, as a preliminary
         point, that the principle of the protection of legitimate expectations is one of the fundamental principles of the Community
         (Case 112/80 Dürbeck [1981] ECR 1095, paragraph 48; Case F‑84/05 Neirinck v Commission [2007] ECR-SC I-A-1-000 and II-A-1-000, paragraph 79). The right to claim the protection of legitimate expectations is subject
         to the fulfilment of three conditions. First, precise, unconditional and consistent assurances from authorised and reliable
         sources must have been provided to the person concerned by the Community administration. Second, those assurances must have
         been such as to give rise to a legitimate expectation in the mind of the person to whom they were addressed. Third, the assurances
         given must comply with the applicable standards (see, to that effect, Joined Cases T‑66/96 and T‑221/97 Mellett v Court of Justice [1998] ECR-SC I‑A‑449 and II‑1305, paragraph 107, and Case T‑329/03 Ricci v Commission [2005] ECR‑SC I‑A‑69 and II‑315, paragraph 79; Neirinck v Commission, paragraph 79).
      
      176    Suffice it to note that the applicant has not established that precise, unconditional and consistent assurances were given
         to him as regards the conversion of his contract into a contract of indefinite duration or the renewal of his contract. It
         is true that, on 8 November 2006, on the applicant’s contract renewal consideration form, Mr Q. recommended that the applicant’s
         contract be extended for a further year if Article 6 of the Europol Staff Regulations, in the version in force until 5 December
         2006, were amended. However, it must be held, as the heading under which this proposal by Mr Q. appears suggests, that this
         is merely a ‘recommendation’ by the Deputy Director of Europol. In those circumstances, the applicant cannot maintain that
         assurances were given to him as regards the renewal of his contract. 
      
      177    Finally the claim that the applicant was the victim of bullying at work by his superior must be rejected. First, the applicant
         does not substantiate that allegation. Second, it does not appear from the medical certificates produced by the applicant
         at the request of the Tribunal, mentioned in paragraphs 33 and 34 of this judgment, that the applicant’s health problems are
         the result of an alleged strategy of bullying at work by his superior. 
      
      178    Nor can the claim that Mr P. told the applicant, on 5 January 2007, that he would support him in his job applications if he
         did not obstruct matters after the announcement that his contract would not be renewed be upheld, as the applicant does not
         put forward any specific factual evidence in support of this allegation. 
      
      179    Consequently, the pleas of misuse of powers, abuse of powers and breach of the principle of the protection of legitimate expectations
         must be rejected as unfounded.
      
       The pleas of breach of the duty to have regard to the welfare of staff, of the principle of sound administration, of the interest
            of the service and of the principle of non-discrimination
       Arguments of the parties
      180    The applicant maintains that, at his meeting with Mr Q. on 11 December 2006, he had the impression that Mr Q. did not understand
         him. According to the applicant, a communication problem arose initially because of poor knowledge of languages. Then Mr Q.
         did not take account of the written documents given to him by the applicant. He merely told the applicant that his 2006 assessment
         report was not good and that he did not generally change the assessors’ assessments. 
      
      181    On 14 December 2006, the applicant went on holiday. On the afternoon of that day, Mr P. contacted him to ask him to attend
         a meeting at 6 p.m. The applicant agreed.
      
      182    The meeting of 14 December 2006 was between Mr Q., Mr P. and the applicant. The subject-matter of the discussions was the
         same as at the meeting of 11 December 2006. None of the evidence produced by the applicant was accepted. Mr Q. told the applicant
         that he should look for another job. 
      
      183    The applicant did not have an opportunity, on 14 December 2006, to sign the 2006 assessment report, so that, the following
         morning, he was contacted by Mr Q.’s secretary, who asked him if he could come in to sign the report. The applicant replied
         that he had already interrupted his holiday once and would not therefore come in. A driver and the secretary were therefore
         sent to his home and the applicant signed the 2006 assessment report. 
      
      184    The applicant submits that this intrusion into his private life and the moral pressure he had to cope with are not in conformity
         with the principle of proper administration and the duty to have regard for the welfare of staff which every administration
         must comply with. 
      
      185    Further proof of negligence and the lack of care taken with regard to the applicant lies in the suggestion in the decision
         not to renew the contract that ‘[s]hould you feel that Europol can assist you during this time to prepare yourself for your
         future career and return to your Competent Authority please contact the [Human] Resources Unit’.
      
      186    In the view of the applicant, the Director seemed to be unaware that he was not a police officer, that he did not come from
         a national authority and thus would be unemployed after eight years of service with Europol. Consequently, the applicant states
         that he ‘perceived’ that remark as rather ‘cynical’. 
      
      187    The applicant adds that it would have been in conformity with the interest of the service to keep him in Europol since he
         already knew the work that needed to be done and he had demonstrated he could perform it very well. In many years spent working
         at Europol, he had always had very good performance assessments and it could not be a coincidence that the negative assessments
         began when Mr P. was appointed to the Corporate Communications Unit. 
      
      188    The applicant alleges that he worked so hard and so well that he was in fact acting as a deputy head of unit, even if this
         was never officially recognised. In May 2004, he was even short-listed for the position of First Officer in his unit and ended
         up in second place in the selection procedure. Yet, two years later, his work was considered to be so bad that the contract
         was not extended. In the view of the applicant, this was totally inconsistent and illogical.
      
      189    The applicant states that, on the contract renewal consideration form, Mr P. had indicated that his departure would not entail
         any substantial loss. The applicant maintains that this cannot be true after eight years spent working at Europol. 
      
      190    Finally, the applicant points out that, according to the information received from the Human Resources Department of Europol,
         he was the only one from his department whose contract was not extended in December 2006. This additional element, he alleges,
         proves the unfair and discriminatory treatment to which he was subject. 
      
      191    Europol observes, first, that the applicant’s assertions are partly unsubstantiated and in all instances unproven. This is
         true, for example, of the applicant’s statement that the Deputy Director of Europol was unable to understand the applicant’s
         comments made in English. As Europol is an organisation whose working language is English, such an assertion obviously cannot
         be taken seriously.
      
      192    Second, the applicant does not relate his assertions to any of the various pleas he raises. 
      
      193    Third, those assertions, even if proven, could not result in an annulment of the challenged decisions.
      
       Findings of the Tribunal
      194    To begin with, it must be observed that the applicant establishes a close link between the pleas of breach of the duty to
         have regard for the welfare of staff, of the principle of sound administration and of the interest of the service, on the
         one hand, and the pleas of breach of Article 28 of the Staff Regulations and the Guidelines, errors of fact and manifest errors
         of assessment, on the other. As a result, as Europol drew up the 2006 assessment report, against which those pleas were directed,
         without breaching Article 28 of the Staff Regulations and the Guidelines or committing errors of fact or manifest errors of
         assessment, the pleas of breach of the duty to have regard for the welfare of staff, of the principle of sound administration
         and of the interest of the service must be rejected, in so far as they are based on the pleas concerning the 2006 assessment
         report. 
      
      195    The applicant’s complaint that two members of Europol staff came to his home in order for him to sign his 2006 assessment
         report must also be dismissed. The applicant merely maintains in that regard that the incident, which was an ‘intrusion in
         [his] private life’ was ‘not in conformity with the principle of proper administration and the duty of care’, without making
         clear how such an incident breached the principle of sound administration and the duty to have regard for the welfare of staff.
      
      196    The applicant’s argument that Europol breached the interest of the service by deciding not to renew his contract when he had,
         in his view, always had very good assessments until the arrival of Mr P. as head of the Corporate Communications Unit must
         also be dismissed. It has been held above that the 2006 assessment report was not vitiated by a manifest error of assessment
         and that the plea of misuse of powers is unfounded. 
      
      197    Nor is it possible to uphold the applicant’s argument that the principle of sound administration was breached by Europol when,
         in the decision not to renew the contract, it suggested that the applicant contact the ‘Human Resources’ Unit in the following
         terms: 
      
      ‘I realise that this decision will none the less be disappointing for you, however I would still expect you to continue to
         support Europol for the remainder of your contract. Should you feel that Europol can assist you during this time to prepare
         yourself for your future career and return to your Competent Authority please contact the Human Resources Unit’.
      
      198    As he was not on secondment from a national administration and thus had no guarantee of a job to return to, the applicant
         ‘perceived’ this proposal as the sign of a certain cynicism on the part of Europol. The applicant’s argument is based on a
         subjective interpretation of the decision not to renew the contract. It is true that the applicant was not on secondment from
         a national authority. However, it cannot be inferred from this mistake made by Europol that it breached the principle of sound
         administration in the absence of any indication or the slightest evidence put forward by the applicant to that effect. An
         objective reading of the decision clearly calls for the rejection of this claim.
      
      199    Finally, as regards the plea of breach of the principle of non-discrimination, it must be noted that the applicant confines
         himself to maintaining that, in December 2006, he was the only staff member in the Corporate Governance Department whose contract
         was not extended, without substantiating this plea by specific legal and factual evidence.
      
      200    It follows that the pleas of breach of the duty to have regard for the welfare of staff, of the principle of sound administration,
         of the interest of the service and of the principle of non-discrimination must be rejected as unfounded. 
      
      201    Accordingly, on the basis of all the foregoing arguments, the claims for annulment must be rejected.
      
      202    In that regard, the evidence produced by the applicant by letter of 14 July 2008, mentioned in paragraph 30 of this judgment,
         cannot serve to invalidate that conclusion. Not only does that evidence, which is general in scope, concern the internal functioning
         of Europol, without its connection with the personal position of the applicant being established, but it must be held, without
         it being necessary to rule on its admissibility, that it is not such as to call into question the rejection of the claims
         for annulment. 
      
      203    Again, without it being necessary to rule on their admissibility, it must be observed that the witness statements from former
         colleagues mentioned in paragraph 35 of this judgment, produced by the applicant at the hearing, describe alleged management
         problems in Europol without establishing a clear connection between those problems and the personal position of the applicant
         in these proceedings. 
      
      204    As regards the applicant’s request that he be reinstated at Europol from 1 October 2007, suffice it to note that that request
         was subject to the annulment of the decision not to renew the contract. Moreover, it is settled case-law that the Community
         judicature may not, without encroaching on the prerogatives of the administrative authority, make declarations or findings
         of principle or address directions to Community institutions (see, to that effect, Case T‑583/93 P v Commission [1995] ECR-SC I‑A‑137 and II‑433, paragraphs 17 and 18; Case F‑68/06 Bakema v Commission [2008] ECR-SC I-A-1-000 and II-A-1-000, paragraph 24; and Case F‑104/06 Arpaillange and Others v Commission [2009] ECR-SC I-A-1-000 and II-A-1-000, paragraph 33).
      
      2.     The claim for damages 
       Arguments of the parties
      205    The applicant claims that the failure to renew his contract for a ninth year has caused him material and non-material loss.
         In addition, he was unable to obtain or lost the chance of obtaining a contract of indefinite duration.
      
      206    If the conversion of his contract into a contract of indefinite duration or the extension of his contract is not granted,
         the applicant considers that he should be compensated for the material and non-material loss suffered. 
      
      207    Moreover, even if he is successful in obtaining the annulment of the 2006 assessment report and the decision not to renew
         the contract, the applicant should, in any event, be granted appropriate compensation for the non-material loss suffered.
      
      208    Europol counters, first, that the 2006 assessment report and the decision not to renew the contract are not unlawful. Next,
         as regards the material loss alleged, Europol points out that the applicant appears to base his claims on the argument that
         the award of a mark of 3 out of 5 in the 2006 assessment report would have led to the renewal of his contract, which, in turn,
         would have led to the granting of a contract of indefinite duration until he reached the age limit. 
      
      209    However, these arguments are purely hypothetical. First of all, the annulment of the 2006 assessment report cannot automatically
         give rise to the award of a better mark to the applicant. Second, even if a better mark were awarded to him, it could not
         automatically entail the renewal of his contract, given the obligation to find a balance between the overall performance of
         the applicant and the needs of the service. Third, even the renewal of the applicant’s contract could not automatically lead
         to its extension for an indefinite duration. In that regard, Europol stresses that the granting of a contract of indefinite
         duration requires not only the approval of the Director of Europol but also the consent of the Management Board of Europol,
         as provided by Article 6(4) of the Staff Regulations. Europol notes in that regard that, at the date when the defence was
         lodged, no contracts of indefinite duration had been granted by Europol, the Management Board of Europol having refused on
         two occasions to conclude such contracts. 
      
       Findings of the Tribunal
      210    According to settled case-law in staff cases, a claim for compensation in respect of material and non-material damage must
         be dismissed in so far as it has a direct link with an action for annulment which has itself been dismissed as inadmissible
         or unfounded (Case T‑273/94 N v Commission [1997] ECR-SC I‑A‑97 and II‑289, paragraph 159; Case T‑214/02 Martínez Valls v Parliament [2003] I‑A‑229 and II‑1117, paragraph 43; and Cwik v Commission, paragraph 72).
      
      211    In the present case, there is a close link between the claims for annulment of the 2006 assessment report and the decision
         not to renew the applicant’s contract, on the one hand, and the claim for damages, on the other. In those circumstances, the
         claim for damages must be rejected in so far as the pleas put forward in support of the claims for annulment disclosed no
         unlawful conduct on the part of Europol and thus no wrongful act for which it could be liable. 
      
      212    Even if the applicant intended to allege wrongful conduct on the part of Europol, it must be held that he has not established
         the existence of a wrongful act distinct from the irregularities relied on in challenging the decision not to renew the contract
         and the 2006 assessment report. 
      
      213    In these circumstances, the claim for damages must be rejected as unfounded. 
      
      214    Accordingly, it follows from all the foregoing that the action must be dismissed in its entirety.
      
       Costs
      215    Under Article 122 of the Rules of Procedure, the provisions of Title 2, Chapter 8, on costs apply only to cases brought before
         the Tribunal from the date on which those Rules entered into force, namely 1 November 2007. The relevant provisions of the
         Rules of Procedure of the Court of First Instance on the subject continue to apply mutatis mutandis to cases pending before the Tribunal before that date. 
      
      216    Under Article 87(2) of the Rules of Procedure of the Court of First Instance, the unsuccessful party is to be ordered to pay
         the costs if they have been applied for in the successful party’s pleadings. However, under Article 88 of those Rules, in
         proceedings between the Communities and their servants the institutions are to bear their own costs. Since the applicant has
         been unsuccessful, each party must be ordered to bear its own costs.
      
      217    In the present case, as the applicant has been unsuccessful, each party must be ordered to bear its own costs. 
      
      On those grounds,
      THE TRIBUNAL (Second Chamber)
      hereby:
      1.      Dismisses the action.
      2.      Orders each party to bear its own costs.
      
      
               Kanninen 
            
            
               Boruta
            
            
               Van Raepenbusch
            
         Delivered in open court in Luxembourg on 29 September 2009.
      
      
               W. Hakenberg 
            
             
            
                     H. Kanninen
            
         
               Registrar
            
             
            
                     President
            
         
         The text of the present decision and those of the decisions of the Community Courts cited in it which have not yet been published
            in the European Court Reports are available on the internet site of the Court of Justice: www.curia.europa.eu
         
      
      Table of contents
      
      Legal context
      Factual background to the dispute
      Procedure and forms of order sought
      Law
      1.  The applications for annulment
      The pleas in law of breach of Article 28 of the Staff Regulations, breach of the Guidelines, errors of fact and manifest errors
         of assessment directed against the 2006 assessment report
      
      Arguments of the parties
      Findings of the Tribunal
      –  The claims in support of the pleas of breach of Article 28 of the Staff Regulations and of the Guidelines
      –  The claims relating to the pleas of errors of fact and manifest errors of assessment
      The plea of breach of the duty to state reasons directed at the decision not to renew the contract
      Arguments of the parties
      Findings of the Tribunal
      The pleas of misuse of powers and abuse of powers and breach of the principle of the protection of legitimate expectations
      Arguments of the parties
      Findings of the Tribunal
      The pleas of breach of the duty to have regard to the welfare of staff, of the principle of sound administration, of the interest
         of the service and of the principle of non-discrimination
      
      Arguments of the parties
      Findings of the Tribunal
      2.  The claim for damages
      Arguments of the parties
      Findings of the Tribunal
      Costs
      * Language of the case: English.