Europa By its use of the words ‘any dispute between the community and its servants’ article 179 is not restricted exclusively to the institutions of the community and their staff but also includes the bank as a community institution established and with legal personality conferred by the treaty. Under this article the court thus has jurisdiction in any dispute between the bank and its servants.
The system adopted for the relations between the bank and its employees is contractual. The contract may be repudiated and terminated by either of the parties on the conditions laid down both in the regulations and in the contract itself.
If the contract is terminated contrary to the provisions of the individual contract or of the staff regulations of the european investment bank which are deemed to be an integral part thereof the party having illegally terminated the contract must be ordered to compensate the other party for the material and non-material damage occasioned to the latter by such illegality.
Both the provisions of the contract and the general principles of the law of master and servant impose limits on the intention of the parties. Termination of a contract which exceeds those limits may be void and it will be for the court having jurisdiction, in this case the court of justice, to make a declaration to that effect.
Citations:
C-110/75, [1976] EUECJ C-110/75, [1976] EUECJ C-110/75
Links:
European, Employment
Updated: 21 May 2022; Ref: scu.132393
