Hanschmann v Europol (Judgment) French Text [2017] EUECJ T-562/16 (26 September 2017)

Hanschmann v Europol (Judgment) French Text [2017] EUECJ T-562/16 (26 September 2017)

Europol fulfilled its obligations under prior judgments by allowing the applicant to comment on the evaluation form and by reassessing his situation; it was not required to offer a permanent contract but only to conduct a proper evaluation. The directives cited did not impose direct obligations on Europol regarding...

Source-derived case information.

Citation
[2017] EUECJ T-562/16
Parties
Applicant: Ingo Hanschmann; Respondent: Agence de l’Union européenne pour la coopération des services répressifs (Europol)
Jurisdiction
European Union
Procedural Posture
Public Service Employment Dispute / Final Judgment at General Court (third Chamber)
Outcome
Application dismissed
Legal Topics
Non Renewal of Fixed Term Contracts, Conversion to Permanent Contract, Execution of Prior Judgments, Compensation for Procedural Delay, Internal Rules of EU Agencies, Principle of Legitimate Expectation, Equality of Treatment
European Union Law Employment Law Administrative Law Non Renewal of Fixed Term Contracts Conversion to Permanent Contract Execution of Prior Judgments Compensation for Procedural Delay Internal Rules of EU Agencies +2 more

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Parties

Ingo Hanschmann

Applicant

Agence de l’Union européenne pour la coopération des services répressifs (Europol)

Respondent

Procedural Posture

Public Service Employment Dispute / Final Judgment at General Court (third Chamber)

  1. 1 Whether Europol correctly executed prior judgments annulling its decisions not to renew applicant's contract
  2. 2 Whether Europol violated Directive 1999/70/EC regarding consultation of social partners
  3. 3 Whether there was a misuse of power in limiting permanent contracts

Ratio Decidendi

Europol fulfilled its obligations under prior judgments by allowing the applicant to comment on the evaluation form and by reassessing his situation; it was not required to offer a permanent contract but only to conduct a proper evaluation. The directives cited did not impose direct obligations on Europol regarding social partner consultation. The limitation on permanent contracts and the process followed were within Europol's discretion and consistent with internal rules. No legitimate expectation or unequal treatment was established. The compensation awarded was adequate for the procedural delay and uncertainty.

Court Disposition

Application dismissed

Orders

  • The application is rejected.
  • Mr. Ingo Hanschmann is ordered to pay the costs.