Judgment — ECLI:EU:F:2013:167
Date: 2013-11-05
Language of the case: German
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded

Summary Officials — Promotion — Number of posts for each grade and function group — Reference multiplier rates for average career equivalences — Grades AD 12, AD 13 and AST 10 for the period from 1 May 2004 to 30 April 2011 — Application on a five-year basis (Staff Regulations, Art. 6(2); Annexes I, section B, and XIII, Art. 9) Article 9 of Annex XIII to the Staff Regulations must be read in the light of the broad logic of the promotion system, which, while pursuing the aim of ensuring the equivalence of average career profiles between the new and old career structures, seeks to allow each institution, on a periodic basis, a certain leeway in applying the multiplier rates. Moreover, although Article 9 of Annex XIII to the Staff Regulations derogates from Annex I, section B, to the Staff Regulations by laying down, for grades AD 13, AD 12 and AST 10 and for the period from 1 May 2004 to 30 April 2011, different rates from those given in that annex, it does not contain any provision suggesting that an exception should also be made to the rule laid down in Article 6(2) of the Staff Regulations that the multiplier rates must be applied on a five-year basis. (see paras 43-44)