Avis juridique important

61988J0041

European Court reports 1989 Page 03807 Pub.RJ Page Pub somm

Summary

3.The appointing authority may not, by means of an internal directive or other similar procedure, derogate from the mandatory provisions of the Staff Regulations ( see the judgment of 10 December 1987 in Joined Cases 181 to 184/86 Del Plato and Others v Commission (( 1987 )) ECR 4991 ) or create in favour of officials rights which might lead to their being classified in a manner contrary to the Staff Regulations .

5.Article 38 of the Staff Regulations does not guarantee that, when an official seconded in the interests of the service is reinstated in the post formerly he occupied, he will maintain the grade and remuneration he enjoyed in the post to which he was seconded .

Parties

In Joined Cases C-41/88 and C-178/88

Mathilde Becker, an official of the European Parliament, residing at 7 Van-der-Heyder-strasse, Pruem zur Lay, Federal Republic of Germany, represented by Victor Biel and Aloyse May, of the Luxembourg Bar, with an address for service in Luxembourg at the Chambers of Aloyse May, 31 Grand-Rue,

applicant in Case C-41/88,

Josyane Starquit, an official of the European Parliament, residing in Luxembourg, represented by Alex Schmitt, of the Luxembourg Bar, with an address for service in Luxembourg at the Chambers of Alex Schmitt, 62 avenue Guillaume,

applicant in Case C-178/88,

European Parliament, represented by F . Pasetti Bombardella, Jurisconsult, M . Peter, Head of Division in the Legal Department, acting as Agent, and D . Petersheim, a member of the Parliament' s Legal Department, with an address for service in Luxembourg at the offices of the European Parliament, Kirchberg,

defendant,

APPLICATION for the annulment of the decisions of the European Parliament of 12 November 1987 and 30 March 1988, concerning the reconstruction of the applicants' careers following their reinstatement,

THE COURT ( Second Chamber )

composed of : O . Due, President, F . A . Schockweiler, President of the Chamber, and G . F . Mancini, Judge,

( the grounds of the judgment are not reproduced )

hereby :

Operative part

( 1 ) Dismisses the applications;

( 2 ) Orders the parties to bear their own costs .