Keywords
Summary

Keywords

1 . NON-CONTRACTUAL LIABILITY - SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY - SCOPE - LIABILITY OF A COMMUNITY INSTITUTION IN RELATION TO A TEMPORARY WORKER UNDER PROVISIONS OF NATIONAL LAW - EXCLUSION - EXCLUSIVE JURISDICTION OF THE COURT OF JUSTICE - ABSENCE

( EEC TREATY , ARTS 178 AND 215 , SECOND PARAGRAPH )

2 . OFFICIALS - CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS - NATIONAL RULES ON TEMPORARY WORK - SUBSTITUTION OF A CONTRACT OF EMPLOYMENT OF INDETERMINATE DURATION FOR A TEMPORARY WORKER ' S CONTRACT - APPLICATION TO THE COMMUNITY INSTITUTIONS - NOT PERMISSIBLE

( CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS , ART . 6 )

Summary

1 . THE LIABILITY WHICH A COMMUNITY INSTITUTION IS ALLEGED TO INCUR TOWARDS A TEMPORARY WORKER UNDER THE PROVISIONS OF NATIONAL LAW APPLICABLE TO CONTRACTS ENTERED INTO BETWEEN THAT INSTITUTION AND TEMPORARY-STAFF AGENCIES DOES NOT FALL WITHIN THE SCOPE OF THE NON-CONTRACTURAL LIABILITY REFERRED TO IN THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY , WITH THE RESULT THAT THE COURT OF JUSTICE DOES NOT HAVE EXCLUSIVE JURISDICTION OVER DISPUTES IN WHICH SUCH LIABILITY IS IN ISSUE .

2 . ARTICLE 6 OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE COMMUNITIES PRECLUDES THE APPLICATION TO THE COMMUNITY INSTITUTIONS OF PROVISIONS OF NATIONAL LAW WHICH , IN THE EVENT OF NON-COMPLIANCE WITH THE NATIONAL RULES RELATING TO TEMPORARY WORK , CREATE A CONTRACT OF EMPLOYMENT OF INDETERMINATE DURATION BETWEEN THE TEMPORARY WORKER AND THE USER OF HIS SERVICES .