Keywords
Summary

Keywords

1 . OFFICIALS - CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS - MEMBER OF THE AUXILIARY STAFF - CHARACTERISTICS AND PURPOSE OF THE CONDITIONS OF EMPLOYMENT - INAPPLICABILITY TO FREQUENT ENGAGEMENTS OF SHORT DURATION

( CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS , ARTS 1 , 3 AND 52 )

2 . OFFICIALS - ACTION - ACTION BASED ON ARTICLE 179 OF THE EEC TREATY - APPLICANT NOT ENTITLED TO THE STATUS OF A COMMUNITY SERVANT - FREELANCE INTERPRETER ENGAGED BY THE COMMISSION UNDER ITS INTERNAL ARRANGEMENTS - INADMISSIBILITY OF THE APPLICATION

( EEC TREATY , ART . 179 ; CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS , ARTS 46 AND 73 )

3 . COURT OF JUSTICE - JURISDICTION - DISPUTE ARISING FROM THE ENGAGEMENT OF STAFF OUTSIDE THE SCOPE OF THE STAFF REGULATIONS AND THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS UNDER CONTRACTS NOT CONTAINING AN ARBITRATION CLAUSE - LACK OF JURISDICTION OF THE COURT

( EEC TREATY , ARTS 173 , 181 AND 183 )

Summary

1 . A CONTRACT OF EMPLOYMENT AS A MEMBER OF THE AUXILIARY STAFF WITHIN THE MEANING OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES IS CHARACTERIZED BY ITS PRECARIOUSNESS IN TIME , SINCE IT CAN BE USED ONLY TO EFFECT A TEMPORARY REPLACEMENT OR TO ALLOW THE PERFORMANCE OF ADMINISTRATIVE DUTIES WHICH ARE OF A TRANSITORY NATURE , WHICH FILL AN URGENT NEED , OR WHICH ARE NOT CLEARLY DEFINED . SINCE THE PURPOSE OF THESE CONDITIONS OF EMPLOYMENT IS TO ARRANGE FOR OCCASIONAL STAFF TO PERFORM DUTIES WHICH - BY THEIR NATURE OR BY VIRTUE OF THE ABSENCE OF A HOLDER OF THE POST - ARE PRECARIOUS , IT IS CLEAR THAT SUCH CONDITIONS CANNOT BE WRONGFULLY USED TO ASSIGN SUCH STAFF TO PERMANENT DUTIES FOR LONG PERIODS . IT FOLLOWS THAT THOSE CONDITIONS CANNOT APPLY TO ENGAGEMENTS EACH OF WHICH IS OF SHORT DURATION BUT WHICH RECUR FREQUENTLY FROM YEAR TO YEAR .

2 . A FREELANCE INTERPRETER WHO IS ENGAGED UNDER THE COMMISSION ' S INTERNAL ARRANGEMENTS REGARDING FREELANCE CONFERENCE INTERPRETERS IS NOT ENTITLED EITHER TO THE STATUS OF COMMUNITY SERVANT WITHIN THE MEANING OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OR , CONSEQUENTLY , TO THE REMEDIES AVAILABLE UNDER ARTICLE 179 OF THE EEC TREATY . AN APPLICATION BY SUCH A PERSON ON THE BASIS OF ARTICLE 179 MUST THEREFORE BE DISMISSED AS INADMISSIBLE .

3 . THE COURT HAS NO JURISDICTION IN A DISPUTE CONCERNING THE PERFORMANCE OF CONTRACTS FOR THE ENGAGEMENT OF STAFF WHICH ARE CONCLUDED BY THE COMMISSION OUTSIDE THE SCOPE OF THE STAFF REGULATIONS AND THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS AND WHICH DO NOT CONTAIN AN ARBITRATION CLAUSE . A PERSON UNDER CONTRACT TO THE COMMISSION CANNOT CIRCUMVENT THE DIVISION OF POWERS BETWEEN THE COURT OF JUSTICE AND THE NATIONAL COURTS BY SUBMITTING A REQUEST TO THE COMMISSION AND DESCRIBING THE LATTER ' S REJECTION OF THAT REQUEST AS A DECISION WITHIN THE MEANING OF ARTICLE 173 OF THE EEC TREATY .