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2012-2 E.C.R. 1 (2012)

handle is hein.intyb/rcbjcofi0333 and id is 1 raw text is: ZReports of Cases Case C-545/09 European Commission V United Kingdom of Great Britain and Northern Ireland (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)) Summary of the Judgment 1. International agreements - Convention defining the Statute of the European Schools - Interpretation of Article 12(4)(a), last sentence, of the Convention (Convention defining the Statute of the European Schools, Art. 12(4)(a)) 2. International agreements - Convention defining the Statute of the European Schools - Application of Articles 12(4)(a) and 25(1) of the Convention (Convention defining the Statute of the European Schools, Arts 12(4)(a) and 25(1)) 1. The last sentence of Article 12(4)(a) of the Convention defining the Statute of the European Schools 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. While the first three sentences of that article place the burden of responsibilities on the Board of Governors, and those responsibilities must be discharged, where appropriate, in collaboration with the governments, its last sentence is worded neutrally, recording the right of teachers to retain their promotion and retirement rights guaranteed by their national rules, without specifying by whom those rights must be guaranteed. However, those rights could not be guaranteed if the Member States party to the Convention were free to organise their national rules and the provisions governing the assignment or secondment of their teachers to a European School in a way that would deprive those teachers of those rights during the assignment or secondment. In that regard, the promotion and retirement rights of the teachers assigned or seconded to European Schools are entirely governed by the national legislation of the States concerned and it is, consequently, impossible for the Board of Governors to ensure that those rights are retained where that legislation does not allow them to be retained. Moreover, while the Board of Governors is required to respect that legislation, the fact remains that, first, the application of that legislation to those teachers does not ECLI:EU:C:2012:52

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