CJEU Case C-730/18 P / Judgment

CJEU Case C-731/18 P
Policy area
Employment and social policy
Deciding body type
Court of Justice of the European Union
Deciding body
Court (First Chamber)
Decision date
ECLI (European case law identifier)
  • CJEU Case C-730/18 P / Judgment

    Key facts of the case:

    Appeal — Arbitration clause — Staff of EU international missions — Internal competition — Non-renewal of a contract of employment — Measure separable from the contract.

    Outcome of the case:

    On those grounds, the Court (First Chamber) hereby:

    1. Sets aside the order of the General Court of the European Union of 19 September 2018, SC v Eulex Kosovo (T‑242/17, EU:T:2018:586);
    2. Refers the case back to the General Court of the European Union;
    3. Reserves the costs.
  • Paragraphs referring to EU Charter

    18) SC relies on five grounds in support of her appeal. The first ground alleges infringement of Article 272 TFEU. The second ground alleges infringement of that article, of the right to an effective remedy and of the principle of equal treatment. The third ground alleges infringement of the SOP relating to the reorganisation, the right to sound administration, the principle of impartiality and the obligation to state reasons. The fourth ground alleges infringement of Articles 268 and 270 TFEU. The fifth ground alleges infringement of those articles and of Article 272 TFEU and of Articles 31 and 41 of the Charter of Fundamental Rights of the European Union.


    23) SC adds that the approach adopted by the General Court in the order under appeal would lead to Eulex Kosovo’s contract staff being systematically prevented from challenging the major part of their employment grievances before the Court of Justice and, in particular, from calling into question the most serious decisions taken concerning them. Such an approach constitutes an infringement of Article 47 of the Charter of Fundamental Rights and of the principle of equal treatment.