# C_2013336EN.01000702.xml

| 16.11.2013 | EN | Official Journal of the European Union | C 336/7 |
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16.11.2013

EN

Official Journal of the European Union

C 336/7

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Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 27 August 2013 — Europäische Schule München v Barbara O’Leary

(Case C-465/13)

2013/C 336/17

Language of the case: German

Referring court

Referring court

Bundesarbeitsgericht

Parties to the main proceedings

Parties to the main proceedings

Appellant on a point of law: Europäische Schule München

Appellant on a point of law:

Respondent on a point of law: Barbara O’Leary

Respondent on a point of law:

Questions referred

Questions referred

| 1. | Is the first sentence of Article 27(2) of the Convention defining the Statute of the European Schools of 21 June 1994 (SES) (1) to be interpreted as meaning that part-time teachers employed by a European School, who are not seconded by the Member States, are persons covered by the Convention and are not — unlike the administrative and ancillary staff — excepted from the application of that provision? |
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1.

Is the first sentence of Article 27(2) of the Convention defining the Statute of the European Schools of 21 June 1994 (SES) (1) to be interpreted as meaning that part-time teachers employed by a European School, who are not seconded by the Member States, are persons covered by the Convention and are not — unlike the administrative and ancillary staff — excepted from the application of that provision?

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| 2. | If the Court of Justice answers the first question in the affirmative:
  Is the first sentence of Article 27(2) of the SES to be interpreted as meaning that that provision also covers the legality of any act, based on the Convention or on the rules made under it, which is performed in relation to part-time teachers by the headteacher of a school in the exercise of his powers as specified by that Convention and which adversely affects such teachers? |
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2.

If the Court of Justice answers the first question in the affirmative:

Is the first sentence of Article 27(2) of the SES to be interpreted as meaning that that provision also covers the legality of any act, based on the Convention or on the rules made under it, which is performed in relation to part-time teachers by the headteacher of a school in the exercise of his powers as specified by that Convention and which adversely affects such teachers?

| 3. | If the Court of Justice answers the second question in the affirmative:
  Is the first sentence of Article 27(2) of the SES to be interpreted as meaning that the conclusion of a contract between the headteacher of a European School and a part-time teacher concerning the fixed-term nature of the part-time teacher’s employment relationship also constitutes an act which is performed by the headteacher in relation to that part-time teacher and which adversely affects the latter? |
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3.

If the Court of Justice answers the second question in the affirmative:

Is the first sentence of Article 27(2) of the SES to be interpreted as meaning that the conclusion of a contract between the headteacher of a European School and a part-time teacher concerning the fixed-term nature of the part-time teacher’s employment relationship also constitutes an act which is performed by the headteacher in relation to that part-time teacher and which adversely affects the latter?

| 4. | If the Court of Justice answers the second or third question in the negative:
  Is the first sentence of Article 27(2) of the SES to be interpreted as meaning that the Complaints Board referred to therein has exclusive jurisdiction in the first and final instance, once all administrative channels have been exhausted, in any dispute relating to the fixed-term nature of a contract of employment which the headteacher of a school concludes with a part-time teacher if that contract is essentially based on the requirement of the Board of Governors in point 1.3 of the Conditions of Employment for Part-time Teachers recruited after 31 August 1994, which provides for ‘annual contracts’? |
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4.

If the Court of Justice answers the second or third question in the negative:

Is the first sentence of Article 27(2) of the SES to be interpreted as meaning that the Complaints Board referred to therein has exclusive jurisdiction in the first and final instance, once all administrative channels have been exhausted, in any dispute relating to the fixed-term nature of a contract of employment which the headteacher of a school concludes with a part-time teacher if that contract is essentially based on the requirement of the Board of Governors in point 1.3 of the Conditions of Employment for Part-time Teachers recruited after 31 August 1994, which provides for ‘annual contracts’?

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(1)  OJ 1994 L 212, p. 3.

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