Judgment of the Court (Second Chamber) of 21 December 2023 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Scuola europea di Varese v PD, as person exercising parental responsibility over NG, LC, as person exercising parental responsibility over NG

(Case C-431/22, (1) Scuola europea di Varese)

(Reference for a preliminary ruling - Convention defining the Statute of the European Schools - Article 27(2) - General Rules of the European Schools - Articles 62, 66 and 67 - Challenge to the decision of a Class Council not to authorise a pupil to be promoted to the year above in the secondary school - Lack of jurisdiction of the national courts - Sole jurisdiction of the Complaints Board of the European Schools - Effective judicial protection)

(C/2024/1383)

Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings

Applicant: Scuola europea di Varese

Defendants: PD, as person exercising parental responsibility over NG, LC, as person exercising parental responsibility over NG

Operative part of the judgment

The combined provisions of Article 27(2) of the Convention defining the Statute of the European Schools, concluded in Luxembourg on 21 June 1994 between the Member States and the European Communities, and Articles 61, 62, 66 and 67 of the General Rules of the European Schools, in version No 2014-03-D-14-en-11, must be interpreted as meaning that the Complaints Board is to have sole jurisdiction in the first and final instance, once all administrative channels provided for in those rules have been exhausted, in any dispute concerning the legality of the decision of a Class Council of a European School not to authorise a pupil to be promoted to the year above in the secondary school.

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(1)   OJ C 359, 19.9.2022.