Eckhardt v European Organization for the Safety of Air Navigation (Eurocontrol)

• Jurisdiction: Holanda
• Date: 25 Junio 1976
• Court: Local Court (Netherlands)

The Netherlands, Local Court of Sittard.

Eckhardt

and

European Organization for the Safety of Air Navigation (Eurocontrol)

International organization and administration International officials European Organization for the Safety of Air Navigation (Eurocontrol) Employee Contract of employment Termination of Action for decree of nullity Whether municipal courts have jurisdiction Legal status of Eurocontrol Proper forum for disputes involving its personnel Nature of employment relationship Applicable law The law of the Netherlands

Jurisdiction In general Territorial Exemptions from and restrictions upon International organizations European Organization for the Safety of Air Navigation (Eurocontrol) Employee Contract of employment Termination Dispute Whether municipal courts have jurisdiction Legal status of Eurocontrol Proper forum for disputes involving its personnel Nature of employment relationship Applicable law The law of the Netherlands

Summary: The facts:The plaintiff, employed by the defendants since 1973, was notified that his employment would be terminated as from 1 March 1975. He summonsed the defendants before the Local Court in order to apply for a decree of nullity with respect to the termination.

Held:The application was dismissed.

(1) Dutch courts had jurisdiction in respect of a dispute between Eurocontrol and a member of its staff concerning the termination of a contract of employment.

(2) The opposite conclusion could not be drawn from the provisions of Article 92(1) of the General Conditions of Employment governing servants at the Eurocontrol Maastricht Centre or Article 93(1) of the Staff Regulations governing officials of the Eurocontrol Agency.

(3) Equally the fact that Eurocontrol was a public international organization operating on the basis of international administrative law did not mean that Dutch courts had no jurisdiction since this fact did not necessarily imply that it was impossible to conclude a civil contract of employment with such a public organization.

(4) Dutch municipal law did not bar the jurisdiction of the Dutch courts in this case.

(5) The relationship was not governed by Dutch labour law, but by conventions, statutes, regulations, etc., specially drawn up for the purpose.

The following is the text of the relevant part of the judgment of the Court:

The defendants advanced, in the first place, that Eurocontrol is a public international organization, operating on the basis of international administrative law, in...