Judgment of the Court (Eighth Chamber) of 17 December 2020.BP v European Union Agency for Fundamental Rights.Appeal – Civil service – Members of the contract staff – European Union Agency for Fundamental Rights (FRA) – Fixed-term contract – Decision not to renew – New decision adopted following an annulment by the General Court – Irregularities allegedly committed during the implementation of the General Court judgment.Case C-601/19 P.

Judgment // 17/12/2020 // 2 min read
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Judgment of the Court (Eighth Chamber) of 17 December 2020 – BP v FRA

(Case C‑601/19 P) ( 1 )

(Appeal – Civil service – Members of the contract staff – European Union Agency for Fundamental Rights (FRA) – Fixed-term contract – Decision not to renew – New decision adopted following an annulment by the General Court – Irregularities allegedly committed during the implementation of the General Court judgment)

  1. Actions brought by officials – Plea of illegality – Measures the illegality of which may be pleaded – Rules of an EU agency on the appraisal of contract staff – Dispute in the context of an appeal against a decision not to renew a contract based on career development reports – Applicant having the right to appeal those reports but not having exercised it – Inadmissibility

(Art. 277 TFEU; Statute of the Court of Justice, Art. 43)

(see paras 26-39)

  1. Action for annulment – Grounds – Lack of competence of the institution which adopted the contested measure – Examination by the EU judicature of its own motion

(Art. 263 TFEU)

(see para. 47)

  1. Appeal – Grounds – Grounds of a judgment vitiated by an infringement of EU law – Operative part well founded for other legal reasons – Rejection

(Art. 256(1), second para. TFEU; Statute of the Court of Justice, Art. 58, first para.)

(see para. 49)

  1. Appeal – Grounds – Mistaken assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted

(Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.)

(see para. 71)

  1. Appeal – Grounds – Plea directed against the decision of the General Court on costs – Inadmissible where all other pleas are rejected

(Statute of the Court of Justice, Art. 58, second para.)

(see para. 101)

Operative part

The Court:

  1. Dismisses the appeal;

  2. Orders BP to bear her own costs and to pay those incurred by the European Union Agency for Fundamental Rights (FRA).

( 1 ) OJ C 432, 23.12.2019.