Opinion of the Advocate General — ECLI:EU:C:2003:224
Date: 2003-04-10
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Reference for a preliminary ruling
Origin: Austria

SUMMARY — CASE C-165/01 
Summary of the Judgment 
Officials — Conditions of Employment of Other Servants — Local staff — Applicabil­
ity of national legislation of the place of employment concerning the representation of 
workers and defence of their interests — Not applicable 
(Staff Regulations, Art. 9; Annex II; Conditions of Employment of Other Servants, Arts 7 
and 79) 
The arrangements for the representation 
and defence of the interests of the local staff 
of a Community institution do not form 
part of the 'conditions of employment' 
within the meaning of Article 79 of the 
Conditions of Employment of Other Ser­
vants of the European Communities, and 
are governed exhaustively by Article 9 of 
the Staff Regulations in conjunction with 
Annex II thereto and Article 7 of the 
Conditions of Employment. Consequently, 
the reference in Article 79 of the Con­
ditions of Employment to current rules and 
practice in the place where local staff are to 
perform their duties cannot include the 
national legislation applicable to that place 
concerning the participation of workers in 
the undertaking which employs them. 
Article 9 of and Annex II to the Staff 
Regulations and Article 19 of the Con­
ditions of Employment of Other Servants 
therefore preclude the application to the 
local staff employed by the representation 
of the Commission in Austria of the 
provisions of Austrian legislation on labour 
relations in establishments which provide 
for a works council to be set up with the 
function of representing the staff and 
defending their interests. 
(see paras 46-47, 52, 
operative part) 
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