Judgment of the European Union Civil Service Tribunal (Second Chamber) 30 September 2013

In Case F-38/12, ACTION brought under Article 270 TFUE,

THE CIVIL SERVICE TRIBUNAL (Second Chamber) composed of M. I. Rofes i Pujol (Rapporteur), President, I. Boruta and K. Bradley, Judges, Registrar: X. Lopez Bancalari,

having regard to the written procedure and further to the hearing on 2 May 2013,

gives the following

Judgment

Legal context

Background to the dispute

Forms of order sought

Procedure

Law

The first head of claim, seeking annulment of the decision not to renew the applicant’s contract

Manifest error of assessment and breach of the principles of good administration and the duty to have regard for the interests of staff

– Observations of the parties

– Findings of the Tribunal

The second plea, alleging infringement of Articles 21a and 22a of the Staff Regulations, of Article 60(6) of the Financial Regulation and of whistleblowing rules [and] protection due to whistleblowers and related retaliations and misuse of powers

– Observations of the parties

– Findings of the Tribunal

The third plea, alleging infringement of the rights of defence and infringement of Article 41 of the Charter

– Observations of the parties

– Findings of the Tribunal

The fourth plea, alleging breach of the principle of equal treatment

– Arguments of the parties

– Findings of the Tribunal

The second head of claim, seeking annulment of the reassignment decision

The first plea, divided into two parts, alleging failure to state reasons and misuse of powers

– Arguments of the parties

– Findings of the Tribunal

The second plea, alleging irregular and unilateral amendment of an essential element of the contract of service and a discrepancy between post and grade

– Arguments of the parties

– Findings of the Tribunal

The third plea, alleging non-observance of the interest of the service and manifest error of assessment

– Arguments of the parties

– Findings of the Tribunal

The third and fourth heads of claim, seeking damages

Arguments of the parties

Findings of the Tribunal

Costs

1 Language of the case: English.