Дело T-***/**: *****************, Съдебно решение от **.**.2022 г.

Текст

... ivil international staff of EU international missions – Consecutive fixed-term employment contracts – Internal competition – Non-renewal of a fixed-term contract – Contractual liability – Non-contractual liability – Action for damages – Jurisdiction of the General Court – Admissibility – Procedure by default)

In Case T‑242/17 RENV,

SC, represented by A. Kunst, lawyer,

applicant,

v

Eulex Kosovo, established in Pristina (Kosovo), represented by L.-G. Wigemark, acting as Agent, and by E. Raoult, lawyer,

defendant,

THE GENERAL COURT (First Chamber),

composed, at the time of the deliberations, of H. Kanninen, President, N. Półtorak and M. Stancu (Rapporteur), Judges,

Registrar: E. Coulon,

gives the following

Judgment

1. By her action based on Articles 272 and 268 TFEU, the applicant, SC, asks the General Court, in essence, after finding, first, that Eulex Kosovo had failed to fulfil its contractual and non-contractual obligations and, secondly, that the decision not to accept her application following the internal competition which took place on 19 July 2016 for the post of prosecutor and the decision not to renew her final employment contract which resulted from that decision are unlawful, to order Eulex Kosovo to compensate her for the material and non-material damage she allegedly suffered as a result.

Background to the dispute

2. The Eulex Kosovo Mission was created by Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (OJ 2008 L 42, p. 92). That action was extended several times, most recently by Council Decision ...