# C_2012080EN.01000201.xml

| 17.3.2012 | EN | Official Journal of the European Union | C 80/2 |
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17.3.2012

EN

Official Journal of the European Union

C 80/2

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Judgment of the Court (First Chamber) of 2 February 2012 — European Commission v United Kingdom of Great Britain and Northern Ireland

(Case C-545/09) (1)

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(Convention defining the Statute of the European Schools - Interpretation and application of Articles 12(4)(a) and 25(1) - Right of seconded teachers to access to the same progression in status and pay as those enjoyed by their national counterparts - Exclusion of certain teachers seconded by the United Kingdom to the European Schools from access to improved pay scales and other additional payments available to their national counterparts - Incompatibility with Articles 12(4)(a) and 25(1))

2012/C 80/02

Language of the case: English

Parties

Parties

Applicant: European Commission (represented by: J. Currall and B. Eggers, Agents)

Applicant:

Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: H. Walker, Agent, and J. Coppel, Barrister)

Defendant:

Re:

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 12(4)(a) of the Convention defining the Statute of the European Schools (OJ 1994 L 212, p. 3) — Remuneration of teachers seconded to the European Schools — Exclusion, during their secondment, from the progression in pay enjoyed by teachers employed in national schools

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that the last sentence of Article 12(4)(a) of the Convention defining the Statute of the European Schools of 21 June 1994 must be interpreted as meaning that it requires the Member States party to that Convention to ensure that teachers assigned or seconded to the European Schools enjoy, during their secondment or assignment, the same rights to career progression and retirement as those applicable to their national counterparts under the legislation of their Member State of origin; |
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1.

Declares that the last sentence of Article 12(4)(a) of the Convention defining the Statute of the European Schools of 21 June 1994 must be interpreted as meaning that it requires the Member States party to that Convention to ensure that teachers assigned or seconded to the European Schools enjoy, during their secondment or assignment, the same rights to career progression and retirement as those applicable to their national counterparts under the legislation of their Member State of origin;

| 2. | Declares that by excluding English and Welsh teachers assigned or seconded to the European Schools, during their assignment or secondment, from access to the higher salary scales, in particular those known as ‘threshold pay’, ‘excellent teacher system’ or ‘advanced skills teachers’ and from access to additional payments, such as ‘teaching and learning responsibility payments’, provided for by the ‘School Teachers Pay and Conditions Document’, the United Kingdom of Great Britain and Northern Ireland has applied Articles 12(4)(a) and 25(1) of the Convention incorrectly; |
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2.

Declares that by excluding English and Welsh teachers assigned or seconded to the European Schools, during their assignment or secondment, from access to the higher salary scales, in particular those known as ‘threshold pay’, ‘excellent teacher system’ or ‘advanced skills teachers’ and from access to additional payments, such as ‘teaching and learning responsibility payments’, provided for by the ‘School Teachers Pay and Conditions Document’, the United Kingdom of Great Britain and Northern Ireland has applied Articles 12(4)(a) and 25(1) of the Convention incorrectly;

| 3. | Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs. |
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3.

Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.

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(1)  OJ C 63, 13.3.2010.

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