CELEX: 62018TA0077
Language: en
Date: 2020-09-23 00:00:00
Title: Cases T-77/18 and T-567/18: Judgment of the General Court of 23 September 2020 — VE v ESMA (Civil service — Members of the temporary staff — Contract for an indefinite period — Appraisal report — 2016 appraisal exercise — Plea of illegality relating to the appraisals guide — Manifest error of assessment — Assessment of activities undertaken as staff representative — Procedural irregularity — Termination of the work contract — Insufficient performance during a period of two years)

30.11.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 414/33
            
         
      Judgment of the General Court of 23 September 2020 — VE v ESMA
      (Cases T-77/18 and T-567/18) (1)
      
      (Civil service - Members of the temporary staff - Contract for an indefinite period - Appraisal report - 2016 appraisal exercise - Plea of illegality relating to the appraisals guide - Manifest error of assessment - Assessment of activities undertaken as staff representative - Procedural irregularity - Termination of the work contract - Insufficient performance during a period of two years)
      (2020/C 414/53)
      Language of the case: English
      
         Parties
      
      
         Applicant: VE (represented by L. Levi and N. Flandin, lawyers)
      
         Defendant: European Securities and Markets Authority (represented by: A. Lorenzet and N. Vasse, acting as Agents, and by D. Waelbroeck and A. Duron, lawyers)
      
         Re:
      
      Applications based on Article 270 TFEU seeking, first, annulment of the applicant’s appraisal report for the period starting on 1 January 2016 and ending on 31 December 2016, of the decision of 14 November 2017 terminating his temporary agent contract and of the decisions rejecting his complaints against those acts and, second, compensation for the non-material damage which the applicant claims to have suffered.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Joins Cases T-77/18 and T-567/18 for the purposes of the judgment;
               
            
                  2.
               
               
                  Annuls VE’s appraisal report for the period starting on 1 January 2016 and ending 31 December 2016;
               
            
                  3.
               
               
                  Annuls the decision of 14 November 2017 terminating VE’s temporary agent contract;
               
            
                  4.
               
               
                  Dismisses the actions as to the remainder;
               
            
                  5.
               
               
                  Orders the European Securities and Markets Authority (ESMA) to pay the costs.
               
            
         (1)  OJ C 134, 16.4.2018.