Receiving an unfavourable decision from a European School can have consequences: refusal of enrolment, repeating a school year, exclusion, challenging European Baccalaureate results or refusal of educational support. However, the appropriate appeal does not necessarily fall within the jurisdiction of a Belgian court or the Court of Justice of the European Union. The European Schools system has its own appeal procedures and its own judicial body, the Complaints Board of the European Schools.
In this article, we explain who may bring a case before the Complaints Board, which decisions may be challenged, which time limits must be respected and how we, as lawyers, lodge an appeal on your behalf. Have you received an unfavourable decision? Contact us to assess the available appeal options before the time limit expires.
💡 As soon as you receive a decision, keep the document and check the available appeal procedure and its time limit. A simple request for review does not suspend the time limit.
What is the Complaints Board of the European schools?
The Complaints Board is the judicial body responsible for deciding certain disputes relating to the operation of the European Schools. It is based in Brussels and rules at first and final instance, meaning that its decisions cannot be challenged through an ordinary appeal. The Complaints Board of the European Schools reviews the legality of certain decisions concerning pupils or members of staff and is independent of national courts and the courts of the European Union. The Complaints Board may intervene only when the rules of the European Schools give it jurisdiction. It is therefore necessary to check the nature of the decision and the appeal procedure provided for.
💡 For example, a challenge against a school exclusion may fall within the jurisdiction of the Complaints Board. By contrast, a claim for compensation following an accident or an assault may fall within the jurisdiction of a national court. Identifying the court or judicial body with jurisdiction is therefore the first step before bringing an appeal.
Not all school disputes necessarily fall within the jurisdiction of the Complaints Board. In cases of harassment, violence, refusal of reasonable adjustments or difficulties with the school management, see also our guide on disputes with a European School in Brussels.
What are the powers of the Complaints Board?
The Complaints Board may examine only disputes expressly assigned to it by the Convention and the regulations of the European Schools. Its main areas of jurisdiction are as follows:
| Area | Decisions that may be appealed |
|---|---|
| Pupils’ education | School fees, disciplinary measures, determination of Language I, changes to Language II, enrolment, repeating a school year, special educational needs and other decisions of the Director that adversely affect the pupil or the pupil’s representatives. |
| Enrolment in Brussels | Decisions of the Central Enrolment Authority for the European Schools in Brussels. They may be challenged directly before the Complaints Board. |
| European Baccalaureate | Decisions concerning the Baccalaureate and Pre-Baccalaureate where a procedural defect is alleged, following an express or implied decision of the Chairman of the Examining Board. |
| Seconded staff | Disputes concerning the legality of a decision adversely affecting a member of seconded staff, particularly in relation to career, appraisal, remuneration or discipline. |
| Locally recruited teachers | Disputes concerning decisions taken under their Staff Regulations, including disciplinary decisions. |
| Financial disputes | Where the dispute is financial in nature, the Complaints Board has full jurisdiction and may rule on the financial consequences of the decision. |
The Complaints Board may also order the suspension of the challenged decision or adopt interim measures where the urgency requirements are met. However, it generally has no jurisdiction over internal organisational measures, disputes concerning administrative and ancillary staff, or matters of civil or criminal liability. These matters fall, in principle, within the jurisdiction of national courts. These powers arise mainly from Article 27 of the Convention defining the Statute of the European Schools, Articles 66 and 67 of the General Rules, the Implementing Regulations for the European Baccalaureate and the Staff Regulations applicable to seconded staff and locally recruited teachers.
Officials and other staff of the institutions of the European Union are subject to a different system, under which a prior complaint under Article 90(2) must generally be submitted before bringing an action before the General Court of the European Union. Due to the particular status of the European Schools, these appeals may raise issues of treaty law and European law. Our team of European Union law lawyers assists individuals and members of staff involved in these procedures.
Who may bring a case before the Complaints Board and which decisions may be challenged?
A pupil who is of legal age may act on their own behalf. For a minor pupil, the appeal is lodged by their legal representatives. Seconded teachers, locally recruited teachers and certain members of seconded staff performing administrative duties may also bring a case before the Complaints Board under the conditions set out in their Staff Regulations. In all cases, the applicant must be directly affected by the decision and have a current interest in seeking its annulment or, where the dispute is financial, another measure falling within the Complaints Board’s full jurisdiction. The rules governing European Schools staff must be distinguished from those applicable to officials and other staff of the Union institutions. For the latter, we also act as lawyers specialising in European civil service law.
The main decisions that may be appealed
The dispute may concern a decision of the Central Enrolment Authority in Brussels, a decision of a Director concerning enrolment or transfer, a decision of a Class Council concerning promotion to the next school year, a disciplinary measure, a decision of the European Baccalaureate Examining Board or a decision taken in relation to educational support. For teaching staff, disputes may concern recruitment, remuneration, certain working conditions, disciplinary matters or termination of the professional relationship.
However, a challenge cannot be directed against every assessment made by the school. The General Rules exclude purely educational decisions falling within the Director’s discretion, as well as internal organisational decisions that grant no right or entitlement to pupils or parents. Likewise, the Complaints Board does not carry out a new educational assessment of a pupil’s abilities or of the quality of a Baccalaureate paper. It reviews the legality of the decision and the regularity of the process that led to it.
💡 Practical example. Parents consider that a mathematics grade is too low. This disagreement alone is normally insufficient to establish unlawfulness. However, a legal challenge may be possible if the grade was awarded in breach of the applicable assessment rules, if an officially granted adjustment was not implemented or if the decision is based on materially inaccurate information.
Is it necessary to lodge an administrative appeal first?
In most cases, it is not possible to bring a case immediately before the Complaints Board. The European Schools administration must first be asked to review the decision. This stage applies in particular to school fees, disciplinary sanctions, the pupil’s main language, certain enrolment decisions, repeating a school year and special educational needs. The appeal must clearly explain the challenged decision, the reasons for the challenge and the documents supporting it. If the administration rejects the request, its decision may then be challenged before the Complaints Board. Failure to reply within the prescribed period is also treated as a rejection. Failure to lodge an administrative appeal where it is mandatory may make the appeal before the Complaints Board inadmissible. An error in identifying the decision, the competent authority or the time limit may prevent any subsequent examination. The firm regularly assists with the preparation of administrative appeals against unfavourable decisions.
The exception for enrolment in the European Schools in Brussels
An important exception concerns decisions of the Central Enrolment Authority for the European Schools in Brussels. These decisions may be challenged directly before the Complaints Board. This reflects the need to deal quickly with decisions that take effect before the beginning of the school year. The appeal must nevertheless comply with the conditions of the enrolment policy applicable to the relevant school year and with the General Rules.
💡 Practical example. A family is offered a place at a school far from home, even though the child receives medical treatment near another school. For the appeal to be effective, it must go beyond practical difficulties: medical evidence must be provided, together with a precise explanation of why the decision does not comply with the criteria of the applicable enrolment policy.
What are the time limits for bringing an appeal before the Complaints Board of the European Schools?
Article 67 of the General Rules provides that a judicial appeal must be lodged within two weeks of the notification or publication of the challenged decision, or from the expiry of the period for reply where the rejection is implied. Article 66 also provides a two-week time limit for administrative appeals against decisions of a Director. A late appeal may be declared inadmissible without examination of the case. However, certain procedures, particularly those concerning the European Baccalaureate or staff, provide for different time limits. The applicable rules must therefore always be checked.
To calculate the time limit correctly, keep the complete email, the attached decision and any evidence establishing the date of dispatch or receipt. A request for review, a meeting with the school or an informal exchange does not generally suspend the time limit. It is therefore advisable to check the deadline immediately, even if discussions with the school are still taking place.
How should the appeal be prepared and lodged?
The appeal must begin by identifying precisely the challenged decision, the authority that adopted it and the date on which it was notified. The facts should then be presented in chronological order. This appeal may seek the annulment of the decision and, in urgent cases, its interim suspension. The request must be precise. Documents must be attached to the appeal and numbered. These include the challenged decision, evidence of its notification, the prior administrative appeal, the reply received, school reports, medical or educational reports and relevant correspondence with the school.
Explaining why the decision is being challenged (arguments)
The Complaints Board does not reconsider the entire situation. Its role is to determine whether the decision complies with the applicable rules. The appeal must therefore identify the legal errors. These may include a failure to follow a procedure, inadequate reasons for the decision, incorrect application of the General Rules, a manifest error in assessing the situation, an infringement of the rights of the defence, discrimination or a disproportionate sanction.
In a disciplinary case, it may be necessary to determine whether the pupil was informed of the alleged facts, whether the pupil was able to present their version, whether the decision is based on sufficient evidence and whether the sanction is proportionate to the seriousness of the facts. In a case concerning the repetition of a school year, the Complaints Board does not replace the educational assessment of the Class Council with its own assessment. The appeal must instead demonstrate that a procedural rule was not followed, that a new and important factor was not taken into account or that requested educational support was refused irregularly.
Filing the case with the Registry
The appeal may be lodged with the Registry of the Complaints Board in three ways.
| Filing method | Practical requirements | Proof of filing |
|---|---|---|
| By email | Send the application and annexes. The application must contain an electronic signature or be accompanied by a scanned copy of the signed original. | Keep the sent email and the acknowledgment of receipt from the Registry. |
| By registered post | Send the case file to the Registry of the Complaints Board, rue de la Science 23, B-1040 Brussels, Belgium. | The postmark serves as proof. Keep the proof of registered postage. |
| By filing at the Registry | File the case in person at the same address and obtain a receipt. Opening hours are from 10:00 to 12:00 and from 14:30 to 16:00, or by appointment. | The receipt issued by the Registry proves the filing date. |
Regardless of the method used, the application must be in writing and signed by the applicant or their lawyer. If sent by email, it may be signed electronically or signed by hand and then scanned. The challenged decision must be attached. If the administration has not replied to the prior appeal, evidence that it was submitted must be attached. Before sending the case file, check that the application, the list of documents and all supporting documents are legible and correctly attached. If the files are too large, they may be sent in several numbered emails. The Registry should then be asked to confirm receipt of the complete case file. Finally, do not wait until the last day, as a transmission problem or a missing document could make the appeal inadmissible. These rules are set out in Article 14 of the Rules of Procedure of the Complaints Board.
Does the appeal suspend the challenged decision?
Lodging an administrative or judicial appeal does not automatically suspend the challenged decision. An exclusion, a refusal of enrolment or a measure concerning a member of staff may continue to take effect during the proceedings. Where enforcement of the decision risks making the appeal ineffective, the applicant may ask the Complaints Board to intervene urgently through an application for interim relief.
When can interim relief be requested?
Interim relief allows the applicant to request suspension of the challenged decision or the adoption of another interim measure. Three conditions must be met for the application to succeed. The situation must be urgent, the arguments presented must raise a serious doubt as to the legality of the decision, and its immediate enforcement must create a real risk that the main appeal will lose its effectiveness. These conditions are cumulative. If one of them is not met, the application may be rejected.
💡 Practical example: A temporary exclusion is due to be enforced during exam week. If the pupil is excluded before the appeal is examined, a later annulment will not remedy the loss of classes and assessments. The application must therefore specify the dates, the immediate educational consequences and the legal reasons why the decision appears unlawful.
How should the application be submitted?
The application for interim relief must be submitted separately from the main appeal. Both may be lodged at the same time, but the urgent application must identify the appeal to which it relates. Its admissibility depends on that of the main appeal. The application must specify the requested measure, such as suspension of an exclusion or provisional continuation of an enrolment. It must also explain the urgency, the consequences of the decision and the alleged irregularities. These matters must be supported by specific evidence, such as a school calendar, an examination notice, a medical certificate or any document demonstrating that the situation cannot wait for the decision on the merits.
How does the Complaints Board of the European Schools decide?
This procedure is governed by Articles 16, 34 and 35 of the Rules of Procedure of the Complaints Board. Application for interim relief is dealt with separately and more quickly than the main appeal. The opposing party may be invited to submit observations within a shorter period. The decision may be given without a public hearing by the President of the Complaints Board or by the designated rapporteur. Merely lodging the application for interim relief does not suspend the decision. The decision remains applicable until the Complaints Board orders an interim measure.
💡 The decision given in interim relief proceedings is temporary. It protects the applicant’s position during the proceedings but does not prejudge the final decision that will subsequently be given on the merits.
How do the proceedings take place and what can the Complaints Board decide?
After filing, the Registry registers the appeal and forwards it to the Complaints Board. If the Complaints Board manifestly lacks jurisdiction, or if the appeal is manifestly inadmissible or unfounded, it may be rejected by a reasoned order without continuing the proceedings. If the appeal is admissible, the European Schools receive the application and submit a defence. This document responds to the applicant’s facts and arguments. The applicant may then submit a reply to respond to new matters raised by the administration. A second response from the administration, known as a rejoinder, may exceptionally be authorised.
💡 In principle, new pleas in law may not be raised during the proceedings unless they are based on matters that arose after the appeal was lodged.
The role of the rapporteur and the hearing
A member of the Complaints Board is appointed as rapporteur. After the exchange of written submissions, the rapporteur examines the arguments and documents, may request additional information and prepares a summary of the case.
💡 The procedure is mainly written, but a public hearing may be organised. The Complaints Board may nevertheless decide that a hearing is unnecessary, particularly where the case is straightforward or existing case law already addresses the issue.
At the hearing, the rapporteur presents a summary of the case. The applicant and the European Schools then present their arguments and answer questions from the Complaints Board. In cases concerning enrolment, repeating a school year or progression to the next cycle, the Complaints Board seeks to decide before the beginning of the school year or as close to it as possible. For appeals falling under Articles 66 and 67, the General Rules provide for a decision within six months.
What decisions can the Complaints Board give?
The decision depends on the admissibility and merits of the appeal and on the powers available to the Complaints Board in the relevant area.
| Possible decision | Consequence for the applicant |
|---|---|
| Inadmissibility | The Complaints Board does not examine the merits, for example because the appeal was lodged late, the prior administrative appeal was not submitted or the applicant does not have standing to act. |
| Dismissal on the merits | The appeal is admissible, but the Complaints Board considers that the challenged decision complies with the applicable rules. |
| Annulment | The Complaints Board finds that the decision is unlawful and annuls it. The school authority must then reconsider the situation in accordance with the reasons given in the Complaints Board’s decision. |
| Financial decision | Where the dispute is financial in nature, particularly concerning staff remuneration, the Complaints Board may rule on the amounts due. |
| No need to adjudicate or removal from the register | The proceedings end if the appeal is withdrawn, the parties reach an agreement or the administration withdraws the challenged decision. |
Can the Complaints Board of the European Schools impose a particular decision?
In most cases, the Complaints Board reviews the legality of the decision. It may annul the decision, but it does not replace the school authority by adopting a new decision itself.
💡 For example, if a decision requiring a pupil to repeat a school year is annulled because of a procedural defect, the Complaints Board does not necessarily decide that the pupil must progress to the next school year. The Class Council must reconsider the case in accordance with the rules and the reasons given by the Complaints Board.
Likewise, if an enrolment decision is annulled, the competent authority must adopt a new decision by applying the enrolment criteria. Annulment requires the administration to correct the identified irregularity.
Is the decision final?
The Complaints Board rules at first and final instance. Its decision is therefore binding and cannot be challenged by an ordinary appeal or an appeal on a point of law. After the decision, only certain exceptional procedures may be brought before the Complaints Board itself, in particular to request interpretation of the decision, correction of a clerical error or review in strictly defined circumstances.
Case law concerning the Complaints Board of the European Schools
The Complaints Board must not be confused with the Court of Justice of the European Union. The following judgments explain the relationship between these two judicial bodies, the extent of the Complaints Board’s jurisdiction and its relationship with national and European courts.
CJEU, 14 June 2011, Paul Miles and Others, C-196/09
The case concerned the remuneration of members of seconded teaching staff. Complaints Board had asked the Court of Justice to interpret European Union law by making a request for a preliminary ruling. The Court recognised that the Complaints Board has the characteristics of a court or tribunal: it is permanent and independent, applies rules of law and gives decisions following adversarial proceedings. However, the Court considered that it was not a court or tribunal “of a Member State” within the meaning of Article 267 TFEU. The Complaints Board belongs to the particular system of the European Schools, which is an international organisation separate from the Union and its Member States. The Court of Justice therefore declared that it had no jurisdiction to answer the question referred for a preliminary ruling.
💡 In practice, this judgment does not call into question the judicial nature of the Complaints Board or the binding force of its decisions. However, it means that the Complaints Board cannot ask the CJEU directly to interpret European Union law when a difficulty arises. Read the Paul Miles and Others judgment.
CJEU, 11 March 2015, Oberto and O’Leary, C-464/13 and C-465/13
These cases concerned two locally recruited teachers at the European School in Munich. The dispute concerned, in particular, their employment contracts and the judicial body with jurisdiction to examine the decisions adversely affecting them. The Court interpreted the Convention defining the Statute of the European Schools and the applicable Staff Regulations. It confirmed that the Complaints Board has exclusive jurisdiction to examine disputes concerning the legality of an individual decision taken under those Staff Regulations, including where the decision is taken by the Director of a European School.
💡 In practice, the judicial body with jurisdiction is not determined solely by presenting the dispute as an employment dispute. If the appeal concerns the legality of an act adopted under the Staff Regulations for locally recruited teachers, it must be brought before the Complaints Board after the prescribed administrative procedure has been exhausted. Read the Oberto and O’Leary judgment.
By contrast, disputes concerning civil or criminal liability, social security or taxation remain within the jurisdiction of national courts.
CJEU, 21 December 2023, Scuola europea di Varese, C-431/22
This case concerned a decision of the Class Council refusing to allow a pupil to progress to the next school year. The pupil’s legal representatives, namely the parents, had brought proceedings before the Italian courts to challenge the decision. The Court of Justice held that the Complaints Board has exclusive jurisdiction, at first and final instance, to examine the legality of a decision requiring a pupil to repeat a school year, after the administrative procedures provided for by the General Rules have been exhausted.
💡 This jurisdiction applies even where the decision was taken by a Class Council rather than directly by the Board of Governors or the Administrative Board of the School.
💡 In practice, parents cannot circumvent the jurisdiction of the Complaints Board by bringing an application before a national court that, in reality, seeks the annulment of a decision requiring a pupil to repeat a school year. If the situation is urgent, the appropriate course is to bring the prescribed appeal before the Complaints Board and, where the conditions are met, to submit a separate application for suspension of enforcement or interim measures. Read the Scuola europea di Varese judgment.
What has changed since 1 September 2025?
Since 1 September 2025, the appeal options available to pupils and their legal representatives have been extended. It is now possible to challenge a decision of the Director that directly affects the pupil’s rights or interests. However, not all decisions may be appealed. Educational decisions and internal organisational measures remain excluded in principle.
💡 The time limit for lodging an administrative appeal with the Secretary-General is two weeks from notification of the decision.
The reform also clarified certain disciplinary procedures concerning members of staff. The most recent version of the rules should always be consulted.
Statistics | How many appeals are lodged each year?
The European Schools publish two categories of data. First, administrative appeals are challenges examined by the Office of the Secretary-General before a case is brought before the Complaints Board. Second, judicial appeals are cases handled before the Complaints Board.
💡 These figures reflect the cases processed or monitored during the year. They do not always correspond to the number of new applications lodged with the Registry, because some proceedings may begin in one year and end in the following year.
| Year | Administrative appeals processed | Judicial appeals monitored |
|---|---|---|
| 2022 | 149 | 68 |
| 2023 | 110 | 48 |
| 2024 | 120 | 65 |
| 2025 | 133 | 64 |
Source: annual activity reports of the Office of the Secretary-General of the European Schools, 2025 Annual Report.
What do the figures and statistics show?
In 2025, the Office of the Secretary-General processed 133 administrative appeals and monitored 64 judicial appeals, including eight applications for interim relief. Enrolment in the European Schools in Brussels was the main source of litigation, with 35 appeals against decisions of the Central Enrolment Authority. The Complaints Board also received nine appeals against decisions of Class Councils, five cases concerning the European Baccalaureate, three disciplinary appeals concerning pupils and three cases concerning teaching staff.
💡 These figures show that disputes mainly concern decisions with immediate consequences for a pupil’s education, namely allocation to a school, progression to the next school year, Baccalaureate results, a disciplinary sanction or a teacher’s professional situation.
The outcome of an appeal depends on compliance with the time limit, its admissibility, the quality of the supporting evidence and the existence of a legal irregularity. A difficult family situation is not always sufficient to obtain the annulment of a decision. It is necessary to demonstrate how the authority failed to comply with the applicable rules, omitted a decisive factor or made an error when assessing the case.
💡 Point: statistics help identify the matters that generate the most litigation, but they do not replace an individual legal assessment of the challenged decision.
What documents should be prepared and what errors should be avoided?
An appeal must be accompanied by documents enabling the Complaints Board to understand the situation and verify the arguments presented. The challenged decision and evidence of the date on which it was received must be attached. If a prior administrative appeal was mandatory, that appeal, proof that it was submitted and the reply received must also be provided. The other documents depend on the case. They may include school reports, educational support decisions, medical certificates, educational reports, witness statements or correspondence.
💡 Practical example: in an appeal against a decision requiring a pupil to repeat a school year, it is not enough to state that the required adjustments were not applied. The relevant assessments must be identified and the documents showing which adjustments had been granted must be attached.
The main errors to avoid
Waiting for an informal reply from the school. A meeting, an exchange of emails or a request for review does not suspend the time limit for appeal. The time limit must therefore continue to be calculated from the notification of the decision, even if discussions are taking place.
Applying to the wrong authority. Depending on the challenged decision, a prior administrative appeal may be mandatory before bringing the case before the Complaints Board. Lodging a judicial appeal directly when a prior stage is required may result in its inadmissibility.
Failing to identify the challenged decision. The appeal must specify which decision is being challenged, who adopted it, when it was notified and what is being requested from the Complaints Board. A general challenge to the school’s conduct is not sufficient.
Making statements without evidence. Each important argument must be supported by a document. If parents claim that an educational adjustment was not applied, they must identify the assessments and provide the decision granting that adjustment.
Assuming that the appeal automatically suspends the decision. The decision remains applicable in principle during the proceedings. If its immediate enforcement risks causing harm that would be difficult to remedy, a separate application for interim relief should be considered.
💡 Practical advice. As soon as you receive the decision, keep the complete email, note the notification date and have the applicable appeal procedure checked without delay. Because the time limits are particularly short, waiting a few days may significantly reduce the time available to prepare the case.
Practical examples | How we can assist you
The following examples are fictional and illustrate how an appeal may be prepared. The outcome of proceedings always depends on the circumstances and documents specific to each case.
Refusal of enrolment, establishing a particular circumstance
A family receives a decision from the Central Enrolment Authority allocating their child a place at a school far from home. However, the child receives regular medical treatment near another European School where their sibling is already enrolled. The decision does not appear to take these circumstances into account.
The firm’s intervention
Arthur & Marin first checks the admissibility of the appeal and the applicable time limit. The firm then examines the decision against the enrolment policy for the relevant school year to determine whether the Authority properly assessed the child’s situation. Case file is completed with medical certificates, evidence of the sibling’s enrolment and documents showing the specific difficulties caused by the allocation.
The outcome
If the irregularity is established, the decision may be annulled. The Central Enrolment Authority must then reconsider the case, taking into account the matters identified by the Complaints Board. Annulment makes it possible to obtain a new decision based on a review of the situation.
Repeating a school year, showing that the required adjustments were not applied
A Class Council decides that a pupil with a documented learning disorder must repeat a school year. The parents find that certain educational adjustments granted to the pupil were not applied during several assessments.
The firm’s intervention
Arthur & Marin gathers and compares the educational support decisions, school reports, relevant assessments, educational reports and correspondence with the school. The appeal may demonstrate that the required assessment conditions were not followed, that a relevant factor was disregarded or that the decision is based on an irregular procedure.
The possible outcome
Where the Complaints Board identifies a defect that may have influenced the decision, it may annul that decision. The Class Council must then reconsider the pupil’s situation, taking into account the adjustments or factors that had been omitted.
Exclusion during examinations, acting urgently
Following an incident, a pupil is excluded for several days during an examination period. The pupil disputes some of the facts and claims that they were unable to examine the material relied on against them or present their version of events.
The firm’s intervention
Given the urgency, Arthur & Marin prepares two complementary applications. The main appeal challenges the legality of the exclusion in relation to the rights of the defence, the reasons given for the decision and the proportionality of the sanction. At the same time, an application for interim relief requests the temporary suspension of the exclusion. The urgent application sets out the examination timetable and the reasons why an annulment several weeks later would not remedy the educational harm.
The possible outcome
If the conditions for interim relief are met, the Complaints Board may temporarily suspend enforcement of the exclusion pending its decision on the main appeal. Depending on the measure ordered, the pupil may therefore continue attending school or take the examinations. This suspension remains temporary and does not prejudge the final decision.
💡 Each case requires a strategy. Arthur & Marin examines the decision, checks the time limits, gathers the documents and determines whether an administrative appeal, a judicial appeal or an urgent application for interim relief should be lodged. Given the short time limits, you should contact us as soon as the decision is notified.
Do you wish to challenge a decision of a European School?
A refusal of enrolment, repetition of a school year, exclusion or a decision concerning the European Baccalaureate may have significant consequences for the pupil’s education. The time limits for taking action are particularly short. Do not wait until they expire before having your rights assessed.
Contact us on +32 465 34 53 45 or by email at info@arthurmarin.com, attaching the decision, the date on which it was received and the main documents in the case. We will assess the available appeal procedure, the arguments that may be raised and whether an urgent measure should be requested to protect your rights.
Frequently asked questions (FAQ) about the Complaints Board of the European Schools
What is the Complaints Board of the European Schools?
The Complaints Board is the judicial body responsible for examining certain disputes arising within the European Schools system. It is based in Brussels and rules at first and final instance.
Who may bring an appeal before the Complaints Board?
A pupil who is of legal age may bring an appeal personally. For a minor pupil, the appeal is lodged by their legal representatives. Certain members of seconded staff and locally recruited teachers may also bring an appeal under their Staff Regulations.
Which European School decisions may be challenged?
Appeals may concern enrolment, transfers, repeating a school year, disciplinary measures, educational support, language decisions, the European Baccalaureate and certain decisions affecting members of staff. The precise appeal procedure depends on the type of decision.
What is the time limit for bringing an appeal?
Articles 66 and 67 of the General Rules provide a time limit of two weeks for many administrative and judicial appeals. Different time limits may apply to procedures concerning the European Baccalaureate or members of staff, so the applicable rules must always be checked.
Is a prior administrative appeal mandatory?
In many cases, the European Schools administration must first be asked to review the decision. However, decisions of the Central Enrolment Authority for the European Schools in Brussels may be challenged directly before the Complaints Board.
Does a request for review suspend the time limit?
No. A meeting with the school, an exchange of emails or an informal request for review does not generally suspend the time limit. The deadline must continue to be calculated from the notification of the decision.
Does lodging an appeal suspend the challenged decision?
No. The decision remains applicable unless the Complaints Board orders its suspension or another interim measure. Where the situation is urgent, a separate application for interim relief may be lodged.
How can an appeal be lodged?
An appeal may be submitted to the Registry by email, registered post or in person. The application must be in writing and signed, and the challenged decision and supporting documents must be attached.
Can a school grade be challenged?
A disagreement with a grade is not normally sufficient. A legal challenge may be possible where the applicable assessment rules were not followed, an officially granted adjustment was not applied or the decision was based on inaccurate information.
What can the Complaints Board decide?
The Complaints Board may declare the appeal inadmissible, dismiss it on the merits, annul the challenged decision or rule on financial consequences where it has full jurisdiction. If a decision is annulled, the competent authority must reconsider the situation in accordance with the reasons given by the Complaints Board.
Can the Complaints Board impose the decision requested by the applicant?
In most cases, the Complaints Board reviews the legality of the challenged decision but does not replace the school authority. It may annul the decision and require the authority to reconsider the case in accordance with its ruling.
Can a decision of the Complaints Board be appealed?
The Complaints Board rules at first and final instance, so there is no ordinary appeal. Only certain exceptional procedures, such as interpretation, correction of a clerical error or review, may be available under strictly defined conditions.
