Exclusive Jurisdiction in Judgment No. 19299 of 2024: An Analysis by the Court of Justice

The recent judgment No. 19299 of July 12, 2024, issued by the Court of Cassation, sheds light on a relevant issue for disputes involving European Schools, particularly concerning decisions on student progression to the next grade. This judgment, in particular, confirms the exclusive jurisdiction of the Appeals Chamber, as established by Article 27 of the Luxembourg Convention of June 21, 1994.

Context of the Judgment

The central issue concerns a dispute between S., a parent, and P., the European School of Varese, regarding their son's progression to the next grade. The Court of Justice, in its judgment of December 21, 2023 (C-431/22), highlighted that disputes relating to decisions adopted by the class councils of European Schools fall under the jurisdiction of the Appeals Chamber, after the exhaustion of administrative remedies. This implies that parents must follow a specific procedure before they can appeal to the judicial body.

The Ruling's Headnote

431/22, the exclusive jurisdiction of the Appeals Chamber, pursuant to art. 27 of the Luxembourg Convention of June 21, 1994, exists after the exhaustion of administrative remedies.

This headnote clearly indicates that, for European school disputes, recourse to ordinary courts is not immediate. Before an appropriate application can be filed, it is necessary to exhaust the possibilities offered by the school administration. This principle not only clarifies the procedure to be followed by parents but also establishes a strong link between the legal framework of European Schools and that of national and supranational institutions.

Implications of the Judgment

The implications of judgment No. 19299 are manifold:

• Clarity on the appeal path for school decisions.
• Strengthening the jurisdiction of the Appeals Chamber, making it clear that its intervention is necessary only after administrative remedies have been exhausted.
• Possibility of establishing a legal precedent for future similar disputes in European Schools.

Furthermore, the judgment reinforces the need for greater transparency and clarity in the decisions adopted by class councils, so that families can better understand the reasons behind school decisions.

Conclusions

In conclusion, judgment No. 19299 of 2024 represents a significant step forward in defining jurisdictional competencies in disputes involving European Schools. It clarifies not only the paths to be followed by parents but also the centrality of the Appeals Chamber in ensuring a fair process in the school environment. It is crucial that families are informed about these procedures so that their rights are effectively protected.