13.3.2010

EN

Official Journal of the European Union

C 63/31

(Case C-545/09)

2010/C 63/51

Language of the case: English

Parties

Applicant: European Commission (represented by: J. Currall, B. Eggers, Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland

The applicant claims that the Court should:

—declare that Article 12(4)(a) of the Convention defining the Statute of the European Schools is to be interpreted and applied so as to ensure that teachers seconded by a Member State have access during their secondment to the same progression in status and pay as those enjoyed by teachers employed in that Member State, and that the exclusion of certain teachers seconded by the United Kingdom, during their secondment, from access to improved pay scales (variously known as ‘threshold pay’, ‘excellent teacher system’, ‘advanced skills teachers’) and from other additional payments (such as ‘teaching and learning responsibility payments’) as well as the progression on existing pay-scales available to teachers employed in maintained schools in England and Wales is incompatible with Articles 12(4)(a) and 25(1) of the Convention;

—order United Kingdom of Great Britain and Northern Ireland to pay the costs.

Pleas in law and main arguments

This is a request under Article 26 of the Convention defining the Statute of the European Schools (‘the Convention’) for a ruling regarding the interpretation and application of Articles 12(4)(a) and 25(1) of the Convention.

According to the convention, the teachers at the European Schools are seconded by their Member State of origin. Article 12(4)(a) of the Convention provides that seconded teachers ‘retain promotion and retirement rights guaranteed by their national rules’. That notwithstanding, the salaries of teachers seconded by the United Kingdom are ‘frozen’ during the period of secondment. Thus, teachers seconded to the European Schools are denied access to improved pay scales (variously known as ‘threshold pay’, ‘excellent teacher system’, ‘advanced skills teachers’) and from other additional payments (such as ‘teaching and learning responsibility payments’) as well as the progression on existing pay-scales available to teachers employed in maintained schools in England and Wales.

This policy is contrary to the letter and purpose of Article 12(4)(a) of the Convention. It reduces the pension rights of the teachers concerned and their career prospects when returning to the United Kingdom. Moreover, it adversely affects the Union budget which bears the difference between a lower national pay and the Community top-up for seconded teachers.

Article 12(4)(a) of the Convention and by consequence Article 25(1) of the Convention should therefore be interpreted and applied so as to guarantee to seconded teachers full access to improved pay scales, progression on current pay scales and other allowances.

(1) OJ L 212, 17.8.1994, p. 3