(Officials – Reassignment of an official in Grade A 3 as adviser ad personam – Restructuring of the Secretariat-General – Correspondence between grade and post)

Full text in French II - 0000

Application: for annulment of the Commission’s decision of 26 November 2001 reassigning the applicant to the Institutional Matters unit of the Forward Studies Directorate of the Secretariat-General as adviser ad personam in Grade A 3.

Held: The action is dismissed. Both parties are ordered to pay their own costs.

Summary

(Staff Regulations, Art. 7)

(Staff Regulations, Art. 7(1))

(see para. 30)

See: T-534/93 Grynberg and Hall v Commission [1994] ECR-SC I-A-183 and II‑595, para. 59

(see para. 50)

See: T-100/00 Campoli v Commission [2001] ECR-SC I-A-71 and II-347, para. 41, and the case-law cited therein; T-51/01 Fronia v Commission [2002] ECR-SC I-A-43 and II-187, para. 40

Furthermore, for a measure for the reorganisation of the departments to affect the rule that the post is to correspond to the grade, it is not sufficient that it should bring about a change and even any diminution of the official’s responsibilities, but it is necessary that, taken together, his new responsibilities should clearly fall short of those corresponding to his grade and post, taking account of their character, their importance and their scope.

(see paras 55-56)

See: 19/87 Hecq v Commission [1988] ECR 1681, para. 7; T-59/91 and T-79/91 Eppe v Commission [1992] ECR II-2061, para. 49; T-78/96 and T-170/96 W v Commission [1998] ECR-SC I-A-239 and II-745, para. 104; Fronia v Commission, cited above, para. 53