Eagle and Others v Commission (Staff Regulations) [2007] EUECJ T-144/02 (12 July 2007)

Eagle and Others v Commission (Staff Regulations) [2007] EUECJ T-144/02 (12 July 2007)

The Court determined damages for each applicant based on the difference between what they would have received as temporary staff and what they actually received as contract staff, for a liability period starting 1 March 1996 and ending 31 December 1999 or earlier if employment ceased. Damages include loss of earnings, related benefits, and pension rights or severance grants, calculated net of tax and exempt from national taxation. Interest at 5.25% accrues from 31 December 1999 until payment. The Commission is ordered to pay applicants' costs.

Citation
[2007] EUECJ T-144/02
Parties
Applicant: Eagle and Others; Respondent: Commission; Intervener: Council
Jurisdiction
European Union
Judgment Date
12 July 2007
Procedural Posture
Damages Claim for Breach of Employment Law / Final Judgment on Quantum of Damages
Outcome
Applicants awarded damages; Commission ordered to pay applicants' costs; Council bears own costs.
Legal Topics
Community Liability, Compensation for Discrimination, Employment Contracts, Tax Exemption of Damages, Pension Rights
European Union Law Employment Law Administrative Law Community Liability Compensation for Discrimination Employment Contracts Tax Exemption of Damages Pension Rights

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Parties

Eagle and Others

Applicant

Commission

Respondent

Council

Intervener

Procedural Posture

Damages Claim for Breach of Employment Law / Final Judgment on Quantum of Damages

Legal Issues

  1. 1 Calculation of damages for loss of earnings and benefits due to unlawful failure to recruit as temporary staff
  2. 2 Determination of liability period
  3. 3 Assessment of pension rights and severance grants

Ratio Decidendi

The Court determined damages for each applicant based on the difference between what they would have received as temporary staff and what they actually received as contract staff, for a liability period starting 1 March 1996 and ending 31 December 1999 or earlier if employment ceased. Damages include loss of earnings, related benefits, and pension rights or severance grants, calculated net of tax and exempt from national taxation. Interest at 5.25% accrues from 31 December 1999 until payment. The Commission is ordered to pay applicants' costs.

Court Disposition

Applicants awarded damages; Commission ordered to pay applicants' costs; Council bears own costs.

Orders

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