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Case C-89/12: Judgment of the Court (Fourth Chamber) of 25 April 2013 (request for a preliminary ruling from the Hof van Cassatie van België — Belgium) — Rose Marie Bark v Galileo Joint Undertaking, in liquidation (Joint undertakings — Contracts concluded with members of staff — Applicable rules — Regulation (EC) No 876/2002)

ECLI:EU:UNKNOWN:62012CA0089

62012CA0089

April 25, 2013
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15.6.2013

Official Journal of the European Union

C 171/9

(Case C-89/12) (<span class="super">1</span>)

(Joint undertakings - Contracts concluded with members of staff - Applicable rules - Regulation (EC) No 876/2002)

2013/C 171/15

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Rose Marie Bark

Defendant: Galileo Joint Undertaking, in liquidation

Re:

Request for a preliminary ruling — Hof van Cassatie van België — Interpretation of Article 11(2), of the Statutes of the Galileo Joint Undertaking, set out in the annex to Council Regulation (EC) No 876/2002 of 21 May 2002 setting up the Galileo Joint Undertaking (OJ 2002 L 138, p. 1) — Fixed-term contracts concluded with members of staff — Contracts based on ‘employment of other staff of the European Communities’ — Mandatory provisions of the Staff Regulations on the conditions for compensation

Operative part of the judgment

Article 11(2) of the Statutes of the Galileo Joint Undertaking, set out in the annex to Council Regulation (EC) No 876/2002 of 21 May 2002 setting up the Galileo Joint Undertaking, as amended by Council Regulation (EC) No 1943/2006 of 12 December 2006 must be interpreted as meaning that the conditions of employment of other servants of the European Communities and, in particular, the salary rates defined therein, do not apply to members of staff of Galileo who have fixed-term contracts.

(<span class="super">1</span>) OJ C 133, 5.5.2012.

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