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Case C-43/17 P: Judgment of the Court (First Chamber) of 5 July 2018 — Liam Jenkinson v European External Action Service, Council of the European Union, European Commission, Eulex Kosovo (Appeal — Arbitration clause — Staff of international missions of the European Union — Jurisdiction to rule on disputes concerning employment contracts — Consecutive fixed-term contracts — Arbitration clauses conferring jurisdiction, in the final contract, on the Courts of the European Union, and, in the previous contracts, on the Brussels (Belgium) courts — Decision not to renew the final contract — Claim that all the contractual relationships should be recategorised as a ‘contract of indefinite duration’ — Claims for compensation for unfair dismissal — Contractual relationships prior to the final contract to be taken into account — Jurisdiction of the General Court of the European Union)
ECLI:EU:UNKNOWN:62017CA0043
62017CA0043
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27.8.2018
Official Journal of the European Union
C 301/6
(Case C-43/17 P) (*)
((Appeal - Arbitration clause - Staff of international missions of the European Union - Jurisdiction to rule on disputes concerning employment contracts - Consecutive fixed-term contracts - Arbitration clauses conferring jurisdiction, in the final contract, on the Courts of the European Union, and, in the previous contracts, on the Brussels (Belgium) courts - Decision not to renew the final contract - Claim that all the contractual relationships should be recategorised as a ‘contract of indefinite duration’ - Claims for compensation for unfair dismissal - Contractual relationships prior to the final contract to be taken into account - Jurisdiction of the General Court of the European Union))
(2018/C 301/07)
Language of the case: French
Parties
Appellant: Liam Jenkinson (represented by: N. de Montigny and J.-N. Louis, avocats)
Other parties to the proceedings: Council of the European Union (represented by: A. Vitro and M. Bishop, acting as Agents), European Commission (represented initially by: G. Gattinara, L. Radu Bouyon and S. Bartelt, acting as Agents, and subsequently by G. Gattinara, A. Aresu and L. Radu Bouyon, acting as Agents), European External Action Service (EEAS) (represented by: S. Marquardt, R. Spac and E. Orgován, acting as Agents), Eulex Kosovo (represented by: M. Vicente Hernandez, avocate, and subsequently by E. Raoult, avocate)
Operative part of the judgment
The Court:
1.Sets aside the order of the General Court of the European Union of 9 November 2016, Jenkinson v Council and Others (T-602/15, EU:T:2016:660);
2.Refers the case back to the General Court of the European Union;
3.Reserves the costs.
(*)
Language of the case: French
(OJ C 104, 3.4.2017)
* * *
Language of the case: French