CELEX: C2005/257/17
Language: en
Date: 2005-10-15 00:00:00
Title: Case T-272/03: Judgment of the Court of First Instance of 13 September 2005 — Fernández Gómez v Commission (Staff cases — Temporary agent — Article 2(a) of the CEOS — Admissibility — Confirmatory act — Limitation of the duration of the contract — Possibility of renewal — Anti-overlap rule — Period worked as a national expert on secondment — Discretionary power of the Commission)

15.10.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 257/9
            
         Judgment of the Court of First Instance of 13 September 2005 — Fernández Gómez v Commission
   (Case T-272/03) (1)
   
   (Staff cases - Temporary agent - Article 2(a) of the CEOS - Admissibility - Confirmatory act - Limitation of the duration of the contract - Possibility of renewal - Anti-overlap rule - Period worked as a national expert on secondment - Discretionary power of the Commission)
   (2005/C 257/17)
   Language of the case: French
   Parties:
   
      Applicant(s): Maria Dolores Fernández Gómez (Brussels, Belgium) (represented initially by J. Iturriagagoitia Bassas and K. Delvolvé and then by J. Iturriagagoitia Bassas, lawyers)
   
      Defendant(s): Commission of the European Communities (represented initially by J. Curral, H. Tserepa-Lacombe and F. Clotuche-Duvieusart and then J. Curral and H. Tserepa-Lacombe, as agents)
   Application for:
   (i) annulment of the decision of the Authority Responsible for Concluding Contracts of Employment of 12 May 2003 rejecting the request for renewal of the applicant's temporary agent contract and (ii) an order that the Commission pay the sum of EUR 101 328,60, together with default interest, as compensation for the damage suffered
   Operative part of the judgment:
   The Court:
   
               1)
            
            
               Annuls the decision of the Authority Responsible for Concluding Contracts of Employment of 12 May 2003 rejecting the request for renewal of the applicant's contract;
            
         
               2)
            
            
               Orders the Commission to pay the applicant the sum of EUR 50 000 (fifty thousand euro) as compensation for the damage suffered;
            
         
               3)
            
            
               Orders the Commission to pay its own costs and those of the applicant, including those of the procedure for interim measures.
            
         
      (1)  OJ C 251, 18.10.2003.