Article 47 - Right to an effective remedy and to a fair trial
Article 52 - Scope and interpretation
Key facts of the case:
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Members of the contract staff – European Union Agency for Fundamental Rights (FRA) – Annulment of a decision not to renew a fixed-term contract – Application for revision – Inadmissibility – Appeal in part manifestly inadmissible and in part manifestly unfounded.
Outcome of the case:
On those grounds, the Court (Eighth Chamber) hereby orders:
20) By the third part of her first ground of appeal, the appellant submits that the assessment, in paragraph 75 of the order under appeal, rejecting her offers of evidence, without it being necessary to rule on the question of whether it is possible to submit, on the basis of Article 85 of the Rules of Procedure of the General Court, new offers of evidence in the context of revision proceedings, is vitiated by an error of law. The appellant argues that the General Court ought to have examined that possibility in the first place, and ascertained whether the evidence had been submitted in compliance with Article 169 of the Rules of Procedure of the General Court and Article 44 of the Statute of the Court of Justice of the European Union, in the second place. By failing to exercise its power of review, the General Court infringed Article 19(1) TEU and Articles 47 and 52 of the Charter of Fundamental Rights of the European Union.
51) In addition, the appellant submits that the order under appeal was not made within a reasonable time, requiring two years and eight months, in breach of her right to a fair hearing within a reasonable time, as guaranteed in Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, and Article 47 of the Charter of Fundamental Rights.