Judgment of the Court (Fifth Chamber) of 9 November 2000 in Case C-126/99 (reference for a preliminary ruling from the Pretore di Torino): Roberto Vitari v European Training Foundation (Local staff — Article 79 of the Conditions of Employment of other Servants — Fixed-term contract of employment — Conversion into contract for an indefinite period — Whether or not national legislation applicable)
Date: 2001-01-27
Institutions: Court of Justice
Subjects: EU law - national law, interpretation of the law, paid leave, pay, recruitment, servant (EU)

27.1.2001

EN

Official Journal of the European Communities

C 28/5

1.

2.

It does not require that a jurisdiction clause be formulated in
such a way that the competent court can be determined on its
wording alone. It is sufficient that the clause state the objective
factors on the basis of which the parties have agreed to choose
a court or the courts to which they wish to submit disputes
which have arisen or which may arise between them. Those
factors, which must be sufficiently precise to enable the court
seised to ascertain whether it has jurisdiction, may, where
appropriate, be determined by the particular circumstances of
the case.

It applies only if, first, at least one of the parties to the original
contract is domiciled in a Contracting State and, secondly, the
parties agree to submit any disputes before a court or the courts
of a Contracting State.

3. A jurisdiction clause agreed between a carrier and a shipper
which appears in a bill of lading is enforceable against a third
party bearer of the bill of lading if he succeeded to the rights
and obligations of the shipper under the applicable national
law when he acquired the bill of lading. If he did not, it must
be ascertained whether he accepted that clause having regard to
the requirements laid down in the first paragraph of Article 17
of the Convention, as amended.

(1) OJ C 397 of 19.12.1998.

Council of 14 June 1971 on the application of social security
schemes to employed persons, to self-employed persons and
to members of their families moving within the Community,
as amended and updated by Council Regulation (EEC)
No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6) and
amended by Council Regulation (EEC) No 2332/89 of 18 July
1989 (OJ 1989 L 224, p. 1) — the Court (Sixth Chamber),
the Chamber,
composed of: C. Gulmann, President of
V. Skouris, J.-P. Puissochet (Rapporteur), R. Schintgen and
F. Macken, Judges; J. Mischo, Advocate General; R. Grass,
Registrar, has given a judgment on 9 November 2000, in
which it has ruled:

Articles 6 and 7 of Regulation (EEC) No 1408/71 of the Council
of 14 June 1971 on the application of social security schemes to
employed persons, to self-employed persons and to members of their
families moving within the Community, as amended and updated by
Council Regulation (EEC) No 2001/83 of 2 June 1983 and
amended by Council Regulation (EEC) No 2332/89 of 18 July
1989, do not preclude application of provisions of an inter-State
convention on unemployment insurance which are more advantageous
for the insured, provided that the latter exercised his right to freedom
of movement before the date of entry into force of that regulation,
even if, as a result of the reference period prescribed by the national
legislation applicable to determination of the insured’s entitlement, it
is not possible for him to claim a right to benefits based entirely on
the period prior to that date.

(1) OJ C 121 of 1.5.1999.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 9 November 2000

in Case C-75/99 (reference for a preliminary ruling from
the Bundessozialgericht): Edmund Thelen v Bundesanstalt
für Arbeit (1)

(Social security — Articles 6 and 7 of Regulation (EEC)
No 1408/71 — Applicability of a convention between
Member States on unemployment insurance)

(2001/C 28/08)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-75/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Bundessozialge-
richt (Federal Social Court), Germany, for a preliminary ruling
in the proceedings pending before that court between Edmund
Thelen and Bundesanstalt für Arbeit — on the interpretation
of Articles 6 and 7 of Regulation (EEC) No 1408/71 of the

JUDGMENT OF THE COURT

(Fifth Chamber)

of 9 November 2000

in Case C-126/99 (reference for a preliminary ruling
from the Pretore di Torino): Roberto Vitari v European
Training Foundation (1)

(Local staff — Article 79 of the Conditions of Employment
of other Servants — Fixed-term contract of employment —
Conversion into contract for an indefinite period — Whether
or not national legislation applicable)

(2001/C 28/09)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-126/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Pretore di Torino

C 28/6

EN

Official Journal of the European Communities

27.1.2001

(Labour Court, Turin), Italy, for a preliminary ruling in the
proceedings pending before that court between Roberto Vitari
and European Training Foundation — on the interpretation of
Article 79 of the Conditions of Employment of other Servants
of the European Communities — the Court, (Fifth Chamber),
the Chamber,
composed of: A. La Pergola, President of
M. Wathelet
Jann and
L. Sevo´ n, Judges; D. Ruiz-Jarabo Colomer, Advocate General;
R. Grass, Registrar, has given a judgment on 9 November
2000, in which it has ruled:

(Rapporteur), D.A.O. Edward, P.

On a proper construction of Article 79 of
the Conditions of
Employment of other Servants of the European Communities, that
provision precludes the possibility for a Community institution to
conclude a fixed-term contract of employment with a member of its
local staff where that is contrary to its own rules applicable to the
conditions of employment of local staff and drawn up in accordance
with the rules and practice of the State in which the duties are
performed. It is therefore for the national court to determine whether,
in accordance with Article 3 of the rules governing the conditions of
employment of local staff serving in Italy adopted by the Commission,
the circumstances surrounding the work, or the nature of that work,
made it necessary for the local-staff contract between the parties to
the main proceedings to be concluded for a fixed term. If not, it is for
into a contract of
the national court
employment for an indefinite period.

that contract

to convert

(1) OJ C 204 of 17.7.1999.

— application for partial annulment of Commission Decision
1999/187/EC of 3 February 1999 on the clearance of the
accounts presented by the Member States in respect of the
expenditure for 1995 of the Guarantee Section of the European
Agricultural Guidance and Guarantee Fund (OJ 1999 L 61,
p. 37) in so far as it excludes from Community financing
expenditure of GBP 869 283 incurred in the United Kingdom
under the scheme established by Commission Regulation (EEC)
No 1164/89 of 28 April 1989 laying down detailed rules
concerning the aid for fibre flax and hemp (OJ 1989 L 121,
p. 4) — the Court (Fifth Chamber), composed of: D.A.O.
Edward, acting as President of the Fifth Chamber, L. Sevo´ n
and P. Jann (Rapporteur), Judges; D. Ruiz-Jarabo Colomer,
Advocate General; L. Hewlett, Administrator, for the Registrar,
has given a judgment on 9 November 2000, in which it:

1. Annuls Commission Decision 1999/187/EC of 3 February
1999 on the clearance of the accounts presented by the Member
States in respect of the expenditure for 1995 of the Guarantee
Section of the European Agricultural Guidance and Guarantee
in so far as it excludes from Community financing
Fund,
expenses of GBP 869 283 incurred in the United Kingdom of
Great Britain and Northern Ireland under the scheme estab-
lished by Commission Regulation (EEC) No 1164/89 of
28 April 1989 laying down detailed rules concerning the aid
for fibre flax and hemp;

2. Orders the Commission of the European Communities to pay

the costs.

(1) OJ C 188 of 3.7.1999.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 9 November 2000

JUDGMENT OF THE COURT

(Fifth Chamber)

of 9 November 2000

in Case C-148/99: United Kingdom of Great Britain
and Northern Ireland v Commission of the European
Communities (1)

in Case C-207/99 P: Commission of the European Com-
munities v Claudine Hamptaux (1)

(EAGGF — Clearance of accounts — 1995 financial year
— Regulation (EEC) No 1164/89 — Aid for fibre flax and
hemp)

(2001/C 28/10)

(Language of the case: English)

(Appeal — Officials — Promotion — Consideration of
comparative merits)

(2001/C 28/11)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-148/99: United Kingdom of Great Britain and
Northern Ireland (Agent: J.E. Collins, assisted by A. Sutton) v
Commission of the European Communities (Agent: P. Oliver)

In Case C-207/99 P: Commission of the European Communi-
ties (Agents: C. Berardis-Kayser and F. Duvieusart-Clotuche and