Avis juridique important

61981J0009

European Court reports 1982 Page 03301

Summary

1 . THE IMPLEMENTATION OF A GENERAL DECISION BASED ON NEW CRITERIA FOR THE CLASSIFICATION OF NEW STAFF RECRUITED TO THE DEPARTMENT , WHICH ENTAILS INEQUALITIES OF TREATMENT FOR OFFICIALS OPPOINTED AT AN EARLIER STAGE , ENTITLES THOSE OFFICIALS TO CALL FOR A REVIEW OF THEIR ADMINISTRATIVE STATUS WITH A VIEW TO THEIR OBTAINING AN APPROPRIATE ALTERATION OF THEIR CLASSIFICATION ON THE GROUND THAT THE EMERGENCE OF THAT NEW DEVELOPMENT IS SUCH AS TO AFFECT THEM ADVERSELY .

2 . ARTICLE 5 ( 3 ) OF THE STAFF REGULATIONS , EXPRESSING AS IT DOES THE PRINCIPLE OF EQUALITY OF TREATMENT AS BETWEEN OFFICIALS OF THE SAME CATEGORY OR IN THE SAME DEPARTMENT , IS OF CENTRAL IMPORTANCE TO THE LEGAL PROVISIONS GOVERNING EMPLOYEES OF THE EUROPEAN COMMUNITIES . THAT PRINCIPLE UNDERLIES THE STAFF REGULATIONS , AND IN PARTICULAR ARTICLE 46 , WHICH APPLIES TO THE AWARD OF A HIGHER STEP UPON PROMOTION IN CASES WHERE CAREERS ARE ORGANIZED IN A CONSISTENT MANNER FROM THE OUTSET . IN A CASE WHERE A COMMUNITY INSTITUTION HAS PRESCRIBED FOR THE NEW OFFICIALS RECRUITED FROM OUTSIDE THE COMMUNITIES INDEPENDENT RULES FOR CLASSIFICATION WHICH DO NOT EXIST IN THAT FORM IN OTHER COMMUNITY INSTITUTIONS , WITH THE RESULT THAT THE CAREERS OF THE NEW OFFICIALS , ON THE ONE HAND , AND OF THOSE TRANSFERRED FROM OTHER INSTITUTIONS , ON THE OTHER , ARE NOT ORGANIZED IN A CONSISTENT MANNER , IT IS NOT ENTITLED , TO RELY , IN THE CASE OF OFFICIALS TRANSFERRED FROM OTHER INSTITUTIONS , UPON ARTICLE 46 OF THE STAFF REGULATIONS IN ORDER TO JUSTIFY THE ALLEGED DIFFERENCE BETWEEN THEIR STATUS AND THAT OF THE NEWLY-RECRUITED OFFICIALS FROM OUTSIDE THE COMMUNITIES .

Parties

IN CASE 9/81

CALVIN E . WILLIAMS , AN OFFICIAL OF THE COURT OF AUDITORS OF THE EUROPEAN COMMUNITIES , RESIDING AT 15 ROUTE DE LUXEMBOURG , BRIDEL , REPRESENTED BY V . BIEL OF THE LUXEMBOURG BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE LATTER ' S CHAMBERS , 18A RUE DES GLACIS , APPLICANT , V COURT OF AUDITORS OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS SECRETARY , J.-A . STOLL , ASSISTED BY A . BONN , OF THE LUXEMBOURG BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE LATTER ' S CHAMBERS , 22 COTE D ' EICH , DEFENDANT ,

Subject of the case

APPLICATION IN THE TERMS SET OUT IN THE APPLICANT ' S CONCLUSIONS ,

Grounds

1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 14 JANUARY 1981 , CALVIN E . WILLIAMS , AN OFFICIAL OF THE COURT OF AUDITORS OF THE EUROPEAN COMMUNITIES , BROUGHT AN ACTION SEEKING : FIRST , A DECLARATION BY THE COURT OF JUSTICE THAT THE CLASSIFICATION CRITERIA APPLIED BY THE DEFENDANT ARE DISCRIMINATORY ; SECONDLY A DECLARATION THAT THE DEFENDANT MUST ASSURE THE APPLICANT OF A CLASSIFICATION WHICH IS AT LEAST COMPARABLE WITH THAT OF HIS COLLEAGUES OF ABOUT THE SAME AGE , WHO HAVE UNIVERSITY QUALIFICATIONS OF THE SAME LEVEL AND THE SAME EXPERIENCE , THE NEW CLASSIFICATION TO TAKE EFFECT FROM THE DATE OF COMMENCEMENT OF THIS ACTION ; THIRDLY , ANNULMENT OF THE DECISION REJECTING THE APPLICANT ' S COMPLAINT ; AND FOURTHLY , COMPENSATION FOR THE DAMAGE WHICH HE HAS SUFFERED AS A RESULT OF THE ERROR ON THE PART OF THE COURT OF AUDITORS WHICH HE ESTIMATES AF BFR 1 080 000 , PLUS INTEREST AT THE RATE OF 6 % FROM THE DATE ON WHICH THE ACTION WAS BROUGHT .

Decision on costs

COSTS

29 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE , THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS .

30 AS THE COURT OF AUDITORS HAS SUBSTANTIALLY FAILED IN ITS SUBMISSIONS , IT MUST BE ORDERED TO PAY THE COSTS .

Operative part

ON THOSE GROUNDS , THE COURT ( THIRD CHAMBER ) HEREBY : 1 . ORDERS THE COURT OF AUDITORS TO CORRECT THE STEP ASSIGNED TO THE APPLICANT WITH EFFECT FROM 12 MAY 1980 AND TO OBSERVE THE CRITERIA LAID DOWN IN ITS DECISION OF FEBRUARY 1980 ; 2 . ORDERS THE COURT OF AUDITORS TO PAY THE DIFFERENCE IN SALARY RESULTING FROM THAT CORRECTION , INCREASED BY INTEREST AT THE RATE OF 6% AS FROM THE DATE ON WHICH EACH PAYMENT FELL DUE ; 3 . ANNULS THE DECISION OF THE PRESIDENT OF THE COURT OF AUDITORS OF 25 JULY 1980 ; 4 . ORDERS THE COURT OF AUDITORS TO PAY THE WHOLE OF THE COSTS .