Article 31 - Fair and just working conditions
Article 47 - Right to an effective remedy and to a fair trial
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:
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.