1. Article 152 of the EAEC Treaty, which gives the court of justice jurisdiction ‘in any dispute between the community and its servants within the limits and under the conditions laid down in the staff regulations or the conditions of employment’, must be interpreted as meaning that it applies not only to persons who have the status of officials or of servants other than local staff but also to persons claiming that status.
Consequently, only the court of justice has jurisdiction, to the exclusion of national courts, to adjudicate on an application challenging the commission’s refusal to engage a person employed in an eaec joint undertaking as a temporary servant.
2. A difference in treatment at the level of the staff regulations and the conditions of employment applied to persons employed in an eaec joint undertaking depending on the institution which made them available is permissible only if objectively justified. In order to determine whether that is the case, the specific characteristics which the joint undertaking in question may have, both in its nature and organization, must be taken into consideration.
Citations:
C-271/83, [1987] EUECJ C-271/83
Links:
European
Updated: 22 May 2022; Ref: scu.133766
