Sanders and Others v Commission (Staff Regulations) [2007] EUECJ T-45/01 (12 July 2007)

Sanders and Others v Commission (Staff Regulations) [2007] EUECJ T-45/01 (12 July 2007)

The Commission is liable for failing to offer temporary staff contracts in breach of the JET Statutes, causing loss to the applicants. Damages are to be calculated as the difference between the net salaries, benefits, and pension rights the applicants would have received as temporary staff and what they actually received as contract staff, for a maximum period of five years prior to their compensation request. The calculation must reflect functional equivalence, actual career progression, and agreed promotion rates. Both principal and interest on damages are exempt from national taxation. Pension rights are to be compensated proportionally to the liability period, with a severance grant...

Citation
[2007] EUECJ T-45/01
Parties
Applicants: Sanders and Others; Defendant: Commission; Intervener: Council
Jurisdiction
European Union
Judgment Date
12 July 2007
Procedural Posture
Civil (eu Staff Dispute) / Final Judgment on Quantum of Damages After Interlocutory Judgment
Outcome
Judgment for the applicants.
Legal Topics
Community Liability, Discrimination in Employment, Compensation for Loss of Earnings, Pension Rights, Tax Exemption of Damages
European Union Law Employment Law Administrative Law Community Liability Discrimination in Employment Compensation for Loss of Earnings Pension Rights Tax Exemption of Damages

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Parties

Sanders and Others

Applicants

Commission

Defendant

Council

Intervener

Procedural Posture

Civil (eu Staff Dispute) / Final Judgment on Quantum of Damages After Interlocutory Judgment

Legal Issues

  1. 1 Whether the Commission is liable for failing to offer temporary staff contracts in breach of the JET Statutes
  2. 2 How to calculate damages for loss of earnings, benefits, and pension rights
  3. 3 Whether damages and interest are exempt from national taxation

Ratio Decidendi

The Commission is liable for failing to offer temporary staff contracts in breach of the JET Statutes, causing loss to the applicants. Damages are to be calculated as the difference between the net salaries, benefits, and pension rights the applicants would have received as temporary staff and what they actually received as contract staff, for a maximum period of five years prior to their compensation request. The calculation must reflect functional equivalence, actual career progression, and agreed promotion rates. Both principal and interest on damages are exempt from national taxation. Pension rights are to be compensated proportionally to the liability period, with a severance grant...

Court Disposition

Judgment for the applicants.

Orders

  • Commission to pay each applicant damages as indicated in Annex 3, column 6, of the judgment.
  • Damages to bear interest at 5.25% from 31 December 1999 until payment.