ORDER OF THE CIVIL SERVICE TRIBUNAL
(First Chamber)
12 June 2009
Case F-69/08
Brigitte Knöll
v
European Police Office (Europol)
(Civil service – Staff of Europol – Non‑extension of employment contract – Indefinite contract – Admissibility – Interest in bringing proceedings – Action against a decision which had been rescinded when the action was brought – Absence of a prior complaint)
Application:brought under Article 40(3) of the Convention based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention), and Article 93(1) of the Staff Regulations applicable to Europol employees, in which MsKnöll seeks annulment of the decision of the Director of Europol of 4 October 2007 refusing to renew her contract and to offer her an indefinite contract, of the decision of the Director of Europol of 29 April 2008 rejecting her complaint against the abovementioned decision of 4 October 2007, and of the decision of the Director of Europol of 12 June 2008 once again refusing to renew her contract.
Held:The action is dismissed. The applicant is ordered to pay the costs.
Summary
Officials – Actions – Interest in bringing proceedings – Assessment as at the date on which the action is brought – Contested decision rescinded
A party’s interest in bringing proceedings must exist at the stage of lodging the action, failing which it will be inadmissible. An action for annulment brought against a decision which had been rescinded prior to the date on which the application was registered because a fresh decision had been adopted, following reconsideration, on other grounds and on the basis of other factors than those on which the administration based its first decision is therefore inadmissible. The fresh decision does not constitute a confirmatory decision but, on the contrary, an autonomous decision which replaces the previous decision.
(see paras 34, 35, 37-38)
See:
C-362/05 P Wunenburger v Commission [2007] ECRI‑4333, para.42
T-49/91 Turner v Commission [1992] ECRII‑1855, paras24 to26; T-128/96 Lebedef v Commission [1996] ECR-SCI‑A‑629 and II‑1679, paras19 and21; T-68/97 Neumann and Neumann-Schölles v Commission [1999] ECR-SCI‑A‑193 and II‑1005, para.58; T‑49/97 TAT European Airlines v Commission [2000] ECRII‑51, paras30 to36; T-159/98 Torreand Others v Commission [2001] ECR-SCI‑A‑83 and II‑395, para.28; T-281/03 Liakoura v Council [2004] ECR-SCI‑A‑61 and II‑249, paras36 to38; T-272/03 Fernández-Gómez v Commission [2005] ECR-SCI‑A‑229 and II‑1049, paras36 and 42 to44
F-28/08 Pouzol v Court of Auditors [2008] ECR-SCI‑A‑1‑0000 and II‑A‑1‑0000, paras 45 to 50