Corte di giustizia UE/2012

62012FO0045_EN [OSCURATO:PERSONA] part [OSCURATO:PERSONA] F‑45/12, ACTION brought under [OSCURATO:PERSONA] 270 [OSCURATO:PERSONA], applicable to the EAEC Treaty pursuant to [OSCURATO:PERSONA] 106a thereof, BT, former member of the contract staff at the [OSCURATO:PERSONA], residing in Bucharest (Romania), represented by N. Visan, lawyer, applicant, v [OSCURATO:PERSONA], represented by J. Currall and D. [OSCURATO:PERSONA], acting as Agents, defendant, [OSCURATO:PERSONA] ([OSCURATO:PERSONA]) composed of H. Kreppel (Rapporteur), President, E. Perillo and R. Barents, Judges, Registrar: W. Hakenberg, makes the following [OSCURATO:PERSONA] 1. By application received at the [OSCURATO:PERSONA] on 10 April 2012, BT – the applicant – seeks, in particular, annulment of the decision of the [OSCURATO:PERSONA] not to renew her contract as a member of the contract staff (‘the contested decision’). Factual background to the dispute 2. The applicant was recruited by the [OSCURATO:PERSONA] on the basis of a contract as a member of the contract staff within the meaning of [OSCURATO:PERSONA] 3a of the Conditions of Employment of [OSCURATO:PERSONA] of the [OSCURATO:PERSONA] (‘the CEOS’) for a duration of three years with effect from 10 November 2008. [OSCURATO:PERSONA] that contract, signed on 9 October 2008 by the [OSCURATO:PERSONA] and on 10 November 2008 by the applicant, she was to carry out executive tasks, drafting, accountancy and equivalent technical tasks, within the [OSCURATO:PERSONA] delegation to the Republic of Moldova (‘the delegation’). 3. Prior to the conclusion of the contract, the applicant had received a document, entitled ‘Job description’, in which it was stated that the post which might be offered to her in the event of her recruitment would be the post of ‘ [c]hargé de mission adjoint ’. 4. On 27 July 2011, the Head of Delegation informed the applicant orally that her contract would not be renewed. 5. By note of 6 September 2011, the Director of the [OSCURATO:PERSONA] for ‘Resources in Headquarters and in Delegations’ in the [OSCURATO:PERSONA]General responsible for ‘Development and Cooperation – EuropeAid’ reminded the applicant that her contract was due to expire on 9 November 2011 and advised her to contact the relevant department to obtain the information needed in connection with the formalities for her departure. 6. By note of 20 September 2011, the applicant lodged a complaint against the contested decision for the purposes of [OSCURATO:PERSONA] 90(2) of the [OSCURATO:PERSONA] of Officials of the [OSCURATO:PERSONA] (‘the [OSCURATO:PERSONA]’). 7. By decision of 16 January 2012, received by the applicant on 17 January 2012, the authority authorised to conclude contracts of employment rejected the complaint. Procedure and forms of order sought 8. The present action was brought on 10 April 2012. 9. The applicant claims that the [OSCURATO:PERSONA] should: – annul the contested decision; – consequently, order the [OSCURATO:PERSONA] to reintegrate her into another [OSCURATO:PERSONA] delegation; – rule that the [OSCURATO:PERSONA] erred in offering her a post as ‘ [c]hargé de mission adjoint ’; – order the [OSCURATO:PERSONA] to pay her damages for the non-material harm suffered between 2008 and 2011; – order the [OSCURATO:PERSONA] to pay her damages to compensate for the material and non-material harm which she has suffered since 10 November 2011 and which she will suffer until her reintegration into an institution or another delegation of the [OSCURATO:PERSONA]; – order the [OSCURATO:PERSONA] to pay the costs. 10. [OSCURATO:PERSONA] contends that the [OSCURATO:PERSONA] should: – dismiss the application; – order the applicant to pay the costs. Law 11. [OSCURATO:PERSONA] 76 of the [OSCURATO:PERSONA] of Procedure, where an action is, in whole or in part, manifestly inadmissible or manifestly lacking any foundation in law, the [OSCURATO:PERSONA] may, by reasoned order, give a decision on the action without taking further steps in the proceedings. 12. In the present case, the [OSCURATO:PERSONA] considers that there is sufficient information in the documents before it and has decided, pursuant to [OSCURATO:PERSONA] 76 of the [OSCURATO:PERSONA] of Procedure, to give a decision on the action without taking further steps in the proceedings. Claim that the [OSCURATO:PERSONA] should be ordered to reintegrate the applicant into another delegation of the [OSCURATO:PERSONA] 13. It should be observed that it is not for the Courts of the [OSCURATO:PERSONA] to issue directions to the administration in the context of the review of legality on the basis of [OSCURATO:PERSONA] 91 of the [OSCURATO:PERSONA] (judgment of 2 March 2004 in [OSCURATO:PERSONA] T‑14/03 [OSCURATO:PERSONA] v [OSCURATO:PERSONA] , paragraph 63). It follows that the above claim cannot but be rejected as manifestly inadmissible. Claim that the [OSCURATO:PERSONA] should rule that the [OSCURATO:PERSONA] erred in offering the applicant a post as ‘[c]hargé de mission adjoint’ 14. Nor is it for the [OSCURATO:PERSONA], in the context of its review of legality on the basis of [OSCURATO:PERSONA] 91 of the [OSCURATO:PERSONA], to make such abstract rulings (judgment of 13 July 1989 in [OSCURATO:PERSONA] 108/88 [OSCURATO:PERSONA] v [OSCURATO:PERSONA] , paragraphs 8 and 9; judgment of 16 May 2006 in [OSCURATO:PERSONA] T‑73/05 [OSCURATO:PERSONA] v [OSCURATO:PERSONA] , paragraph 15). Accordingly, the above claim must be rejected as manifestly inadmissible. Claim that the contested decision should be annulled 15. It should be borne in mind that, pursuant to [OSCURATO:PERSONA] 35(1)(e) of the [OSCURATO:PERSONA] of Procedure, the application must state the pleas in law and the arguments of fact and law relied on. Those particulars must be sufficiently clear and precise to enable the defendant to prepare a defence and for the [OSCURATO:PERSONA] to rule on the action, if necessary, without any further information. In order to ensure legal certainty and the proper administration of justice, it is necessary, if an action is to be admissible, that the essential points of law and fact relied on be indicated coherently and intelligibly in the application itself (see, to that effect, judgment of 15 February 2011 in [OSCURATO:PERSONA] F‑76/09 AH v [OSCURATO:PERSONA] , paragraph 29). 16. It is important to add that the third paragraph of [OSCURATO:PERSONA] 19 of the Statute of the Court of Justice, applicable to proceedings before the [OSCURATO:PERSONA] by virtue of [OSCURATO:PERSONA] 7(1) of Annex I thereto, provides that parties – other than [OSCURATO:PERSONA]; institutions of the [OSCURATO:PERSONA]; [OSCURATO:PERSONA] which are party to the Agreement on the [OSCURATO:PERSONA]; and the EFTA [OSCURATO:PERSONA], which is referred to in that Agreement – must be represented by a lawyer. The main role of that lawyer, as an officer of the court, is to ensure that the claims set out in the application are based on sufficiently intelligible and coherent arguments, in view of the fact that, as a rule, the written procedure before the [OSCURATO:PERSONA] consists in no more than one exchange of written pleadings (see, to that effect, AH v [OSCURATO:PERSONA] , paragraph 31). 17. Lastly, whilst it should be acknowledged that the terminology and order of presentation of the pleas in law set out in the application need not follow those of the [OSCURATO:PERSONA] of Procedure, and that it is enough that the substance of those pleas be presented without adhering to any particular legal classification, the application must none the less set out those pleas with sufficient clarity (see, to that effect, order of 28 April 1993 in [OSCURATO:PERSONA] T‑85/92 [OSCURATO:PERSONA] v [OSCURATO:PERSONA] , paragraph 21). 18. In the present case, it must be stated that the above claims do not meet the requirements of [OSCURATO:PERSONA] 35(1)(e) of the [OSCURATO:PERSONA] of Procedure. 19. In the first place, while the part of the application entitled ‘Statement of facts giving rise to the action’ contains a long description of the factual circumstances which have given rise to the present action, no plea in law emerges from this with sufficient clarity as to be readily and accurately identifiable by the defendant or by the judicial authority before which the action has been brought. Admittedly, the applicant submits in the application, for the purposes of challenging the refusal to renew her contract, that, in the course of the 2010 appraisal, the Head of Delegation had expressed the view that her performance had ‘[corresponded] fully to job requirements in terms of efficiency, ability and conduct in the service’. Similarly, the applicant states several times that the tasks entrusted to her at the time of the performance of the contract did not correspond to the tasks mentioned in her job description. However, such claims do not make it possible to identify the rules or principles of law which have allegedly been infringed and, in consequence, they cannot be regarded as pleas in law. 20. In the second place, in the part of the application entitled ‘Law’ and in the ‘summary’ of that application, the applicant merely claims, without adequately substantiating her submissions, that the contested decision infringed the fourth paragraph of [OSCURATO:PERSONA] 263 [OSCURATO:PERSONA], [OSCURATO:PERSONA] 268 [OSCURATO:PERSONA] and the second paragraph of [OSCURATO:PERSONA] 340 [OSCURATO:PERSONA]. Although, in order to demonstrate the soundness of her arguments, the applicant also refers to the annexes to the application, the [OSCURATO:PERSONA] cannot substitute its own assessment for that of the applicant; nor is it for the [OSCURATO:PERSONA] to seek out and identify, in the annexes, the pleas on which it might consider the action to be based, since the annexes have a purely evidential and instrumental function. 21. It follows that the claims for annulment of the contested decision must be rejected as manifestly inadmissible. Claims for damages 22. The applicant claims that the [OSCURATO:PERSONA] should order the [OSCURATO:PERSONA] to pay her damages for the harm which she has suffered since 2008 and which she may suffer until her reintegration into an institution or another delegation of the [OSCURATO:PERSONA]. 23. However, it is not possible, from the wording of the application, to identify with sufficient accuracy the error or errors which the [OSCURATO:PERSONA] is alleged to have committed and which are said to have brought about the harm purportedly suffered by the applicant. 24. Accordingly, the claims for damages must be rejected as manifestly inadmissible. 25. It follows from all the foregoing that the action must be dismissed in its entirety as manifestly inadmissible. Costs 26. [OSCURATO:PERSONA] 87(1) of the [OSCURATO:PERSONA] of Procedure, without prejudice to the other provisions of Chapter 8 of Title 2 of those [OSCURATO:PERSONA], the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. [OSCURATO:PERSONA] 87(2), the [OSCURATO:PERSONA] may, if equity so requires, decide that an unsuccessful party is to pay only part of the costs or even that that party is not to be ordered to pay any. 27. It follows from the grounds of the present order that the applicant is the unsuccessful party. Furthermore, the [OSCURATO:PERSONA] expressly claimed in its pleadings that the applicant should be ordered to pay the costs. Since the circumstances of the present case do not warrant application of [OSCURATO:PERSONA] 87(2) of the [OSCURATO:PERSONA] of Procedure, the applicant must bear her own costs and be ordered to pay the costs incurred by the [OSCURATO:PERSONA]. [OSCURATO:PERSONA] part On those grounds, [OSCURATO:PERSONA] ([OSCURATO:PERSONA]) hereby orders: 1. The action is dismissed as manifestly inadmissible. 2. BT must bear her own costs and is ordered pay the costs incurred by the [OSCURATO:PERSONA]. Luxembourg, 3 December 2012.