CELEX: C2001/028/09
Language: en
Date: 2001-01-27 00:00:00
Title: 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)

27.1.2001                 EN                        Official Journal of the European Communities                                                C 28/5
1.    It does not require that a jurisdiction clause be formulated in          Council of 14 June 1971 on the application of social security
      such a way that the competent court can be determined on its             schemes to employed persons, to self-employed persons and
      wording alone. It is sufficient that the clause state the objective      to members of their families moving within the Community,
      factors on the basis of which the parties have agreed to choose          as amended and updated by Council Regulation (EEC)
      a court or the courts to which they wish to submit disputes              No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6) and
      which have arisen or which may arise between them. Those                 amended by Council Regulation (EEC) No 2332/89 of 18 July
      factors, which must be sufficiently precise to enable the court          1989 (OJ 1989 L 224, p. 1) — the Court (Sixth Chamber),
      seised to ascertain whether it has jurisdiction, may, where              composed of: C. Gulmann, President of the Chamber,
      appropriate, be determined by the particular circumstances of            V. Skouris, J.-P. Puissochet (Rapporteur), R. Schintgen and
      the case.                                                                F. Macken, Judges; J. Mischo, Advocate General; R. Grass,
                                                                               Registrar, has given a judgment on 9 November 2000, in
2.    It applies only if, first, at least one of the parties to the original   which it has ruled:
      contract is domiciled in a Contracting State and, secondly, the
      parties agree to submit any disputes before a court or the courts        Articles 6 and 7 of Regulation (EEC) No 1408/71 of the Council
      of a Contracting State.                                                  of 14 June 1971 on the application of social security schemes to
                                                                               employed persons, to self-employed persons and to members of their
3.    A jurisdiction clause agreed between a carrier and a shipper             families moving within the Community, as amended and updated by
      which appears in a bill of lading is enforceable against a third         Council Regulation (EEC) No 2001/83 of 2 June 1983 and
      party bearer of the bill of lading if he succeeded to the rights         amended by Council Regulation (EEC) No 2332/89 of 18 July
      and obligations of the shipper under the applicable national             1989, do not preclude application of provisions of an inter-State
      law when he acquired the bill of lading. If he did not, it must          convention on unemployment insurance which are more advantageous
      be ascertained whether he accepted that clause having regard to          for the insured, provided that the latter exercised his right to freedom
      the requirements laid down in the first paragraph of Article 17          of movement before the date of entry into force of that regulation,
      of the Convention, as amended.                                           even if, as a result of the reference period prescribed by the national
                                                                               legislation applicable to determination of the insured’s entitlement, it
(1) OJ C 397 of 19.12.1998.                                                    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)
                                                                                                 JUDGMENT OF THE COURT
                        of 9 November 2000
                                                                                                          (Fifth Chamber)
in Case C-75/99 (reference for a preliminary ruling from
the Bundessozialgericht): Edmund Thelen v Bundesanstalt                                                of 9 November 2000
                               für Arbeit (1)
                                                                               in Case C-126/99 (reference for a preliminary ruling
(Social security — Articles 6 and 7 of Regulation (EEC)                        from the Pretore di Torino): Roberto Vitari v European
No 1408/71 — Applicability of a convention between                                                    Training Foundation (1)
          Member States on unemployment insurance)
                                                                               (Local staff — Article 79 of the Conditions of Employment
                             (2001/C 28/08)                                    of other Servants — Fixed-term contract of employment —
                                                                               Conversion into contract for an indefinite period — Whether
                                                                                             or not national legislation applicable)
                    (Language of the case: German)
                                                                                                           (2001/C 28/09)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                                  (Language of the case: Italian)
In Case C-75/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Bundessozialge-                    (Provisional translation; the definitive translation will be published
richt (Federal Social Court), Germany, for a preliminary ruling                                    in the European Court Reports)
in the proceedings pending before that court between Edmund
Thelen and Bundesanstalt für Arbeit — on the interpretation                    In Case C-126/99: reference to the Court under Article 177 of
of Articles 6 and 7 of Regulation (EEC) No 1408/71 of the                      the EC Treaty (now Article 234 EC) from the Pretore di Torino
 ---pagebreak--- C 28/6                  EN                       Official Journal of the European Communities                                          27.1.2001
(Labour Court, Turin), Italy, for a preliminary ruling in the               — application for partial annulment of Commission Decision
proceedings pending before that court between Roberto Vitari                1999/187/EC of 3 February 1999 on the clearance of the
and European Training Foundation — on the interpretation of                 accounts presented by the Member States in respect of the
Article 79 of the Conditions of Employment of other Servants                expenditure for 1995 of the Guarantee Section of the European
of the European Communities — the Court, (Fifth Chamber),                   Agricultural Guidance and Guarantee Fund (OJ 1999 L 61,
composed of: A. La Pergola, President of the Chamber,                       p. 37) in so far as it excludes from Community financing
M. Wathelet (Rapporteur), D.A.O. Edward, P. Jann and                        expenditure of GBP 869 283 incurred in the United Kingdom
L. Sevón, Judges; D. Ruiz-Jarabo Colomer, Advocate General;                under the scheme established by Commission Regulation (EEC)
R. Grass, Registrar, has given a judgment on 9 November                     No 1164/89 of 28 April 1989 laying down detailed rules
2000, in which it has ruled:                                                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. Sevón
On a proper construction of Article 79 of the Conditions of                 and P. Jann (Rapporteur), Judges; D. Ruiz-Jarabo Colomer,
Employment of other Servants of the European Communities, that              Advocate General; L. Hewlett, Administrator, for the Registrar,
provision precludes the possibility for a Community institution to          has given a judgment on 9 November 2000, in which it:
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       1.    Annuls Commission Decision 1999/187/EC of 3 February
conditions of employment of local staff and drawn up in accordance                1999 on the clearance of the accounts presented by the Member
with the rules and practice of the State in which the duties are                  States in respect of the expenditure for 1995 of the Guarantee
performed. It is therefore for the national court to determine whether,           Section of the European Agricultural Guidance and Guarantee
in accordance with Article 3 of the rules governing the conditions of             Fund, in so far as it excludes from Community financing
employment of local staff serving in Italy adopted by the Commission,             expenses of GBP 869 283 incurred in the United Kingdom of
the circumstances surrounding the work, or the nature of that work,               Great Britain and Northern Ireland under the scheme estab-
made it necessary for the local-staff contract between the parties to             lished by Commission Regulation (EEC) No 1164/89 of
the main proceedings to be concluded for a fixed term. If not, it is for          28 April 1989 laying down detailed rules concerning the aid
the national court to convert that contract into a contract of                    for fibre flax and hemp;
employment for an indefinite period.
                                                                            2.    Orders the Commission of the European Communities to pay
                                                                                  the costs.
(1) OJ C 204 of 17.7.1999.
                                                                            (1) OJ C 188 of 3.7.1999.
                  JUDGMENT OF THE COURT
                                                                                               JUDGMENT OF THE COURT
                           (Fifth Chamber)                                                              (Fifth Chamber)
                       of 9 November 2000                                                            of 9 November 2000
in Case C-148/99: United Kingdom of Great Britain                           in Case C-207/99 P: Commission of the European Com-
and Northern Ireland v Commission of the European                                           munities v Claudine Hamptaux (1)
                           Communities (1)
                                                                            (Appeal — Officials — Promotion — Consideration of
(EAGGF — Clearance of accounts — 1995 financial year                                                  comparative merits)
— Regulation (EEC) No 1164/89 — Aid for fibre flax and
                                 hemp)                                                                   (2001/C 28/11)
                            (2001/C 28/10)
                                                                                                  (Language of the case: French)
                    (Language of the case: English)                         (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             In Case C-207/99 P: Commission of the European Communi-
Commission of the European Communities (Agent: P. Oliver)                   ties (Agents: C. Berardis-Kayser and F. Duvieusart-Clotuche and