# C_2009193EN.01000902.xml

| 15.8.2009 | EN | Official Journal of the European Union | C 193/9 |
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15.8.2009

EN

Official Journal of the European Union

C 193/9

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Reference for a preliminary ruling from the Chambre de recours des Écoles européennes lodged on 29 May 2009 — Paul Miles and Others, Robert Watson MacDonald v Secrétaire général des Écoles européennes

(Case C-196/09)

2009/C 193/11

Language of the case: French

Referring court

Referring court

Chambre de recours des Ecoles européennes

Parties to the main proceedings

Parties to the main proceedings

Applicants: Paul Miles and Others, Robert Watson MacDonald

Applicants:

Defendant: Secrétaire général des Ecoles européennes

Defendant:

Question(s) referred

Question(s) referred

| 1. | Is Article 234 of the EC Treaty to be interpreted as meaning that a court or tribunal such as the Chambre de recours, which was established by Article 27 of the Convention defining the Statute of the European Schools, (1) falls within its scope of application and, since the Chambre de recours acts as a tribunal of last instance, is competent to make a reference for a preliminary ruling to the Court of Justice? |
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1.

Is Article 234 of the EC Treaty to be interpreted as meaning that a court or tribunal such as the Chambre de recours, which was established by Article 27 of the Convention defining the Statute of the European Schools, (1) falls within its scope of application and, since the Chambre de recours acts as a tribunal of last instance, is competent to make a reference for a preliminary ruling to the Court of Justice?

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| 2. | If the answer to the first question is in the affirmative, must Articles 12 and 39 of the EC Treaty be interpreted as meaning that they prevent the application of a remuneration system such as the system in force within the European Schools inasmuch as, although that system expressly refers to the system applying to Community officials, it does not allow for the taking into account, even retrospectively, of currency devaluation which leads to a decline in purchasing power for teachers who are seconded by the authorities of the Member State concerned? |
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2.

If the answer to the first question is in the affirmative, must Articles 12 and 39 of the EC Treaty be interpreted as meaning that they prevent the application of a remuneration system such as the system in force within the European Schools inasmuch as, although that system expressly refers to the system applying to Community officials, it does not allow for the taking into account, even retrospectively, of currency devaluation which leads to a decline in purchasing power for teachers who are seconded by the authorities of the Member State concerned?

| 3. | If the answer to the second question is in the affirmative, can a difference in situation such as that established between teachers seconded to the European Schools, whose remuneration is funded both by their national authorities and by the European School in which they teach, on the one hand, and officials of the European Community, whose remuneration is funded by the Community alone, on the other hand, justify a situation in which, in the light of the principles laid down in the articles cited above and although the [Service Regulations for staff seconded to the European School] expressly refer to the Staff Regulations of Officials of the European Community, the exchange rates applied in order to maintain an equivalent purchasing power are not the same? |
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3.

If the answer to the second question is in the affirmative, can a difference in situation such as that established between teachers seconded to the European Schools, whose remuneration is funded both by their national authorities and by the European School in which they teach, on the one hand, and officials of the European Community, whose remuneration is funded by the Community alone, on the other hand, justify a situation in which, in the light of the principles laid down in the articles cited above and although the [Service Regulations for staff seconded to the European School] expressly refer to the Staff Regulations of Officials of the European Community, the exchange rates applied in order to maintain an equivalent purchasing power are not the same?

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

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