Simon v Commission (Staff Regulations) [2002] EUECJ C-274/00P (27 June 2002)

Simon v Commission (Staff Regulations) [2002] EUECJ C-274/00P (27 June 2002)

Ms Simon was not employed by the Commission but by third-party agencies; therefore, she cannot be regarded as a member of the temporary staff of the Communities. The appeal was in part inadmissible for introducing new pleas and forms of order not sought at first instance, and in part unfounded as the Court of First Instance correctly applied the law.

Citation
[2002] EUECJ C-274/00P
Parties
Appellant: Ms Simon; Respondent: Commission
Jurisdiction
European Union
Judgment Date
27 June 2002
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed; costs awarded against Ms Simon.
Legal Topics
Staff Regulations, Temporary Staff Status, Misuse of Powers, Jurisdiction of the Court of Justice, Admissibility of Appeals
European Union Law Employment Law Administrative Law Staff Regulations Temporary Staff Status Misuse of Powers Jurisdiction of the Court of Justice Admissibility of Appeals

Case Brief

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Parties

Ms Simon

Appellant

Commission

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether Ms Simon's employment should be regarded as employment as a member of the temporary staff of the Communities
  2. 2 Whether the Commission misused its powers to avoid application of Staff Regulations
  3. 3 Admissibility of amended appeal and new pleas

Ratio Decidendi

Ms Simon was not employed by the Commission but by third-party agencies; therefore, she cannot be regarded as a member of the temporary staff of the Communities. The appeal was in part inadmissible for introducing new pleas and forms of order not sought at first instance, and in part unfounded as the Court of First Instance correctly applied the law.

Court Disposition

Appeal dismissed; costs awarded against Ms Simon.

Orders

  • Dismisses the appeal
  • Orders Ms Simon to pay the costs