Judgment — ECLI:EU:F:2008:39
Date: 2008-04-03
Language of the case: English
Court formation: Second Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Recruitment
Procedure: Staff cases

Summary Officials – Contract staff – Classification (Staff Regulations, Art. 5(3)(b); Conditions of Employment of Other Servants, Art. 82(2)) For the purposes of the application of Article 7(1)(d) and 7(3) of the general implementing provisions on the procedures governing the engagement and the use of contract staff at the Commission, which provide that such staff must be classified according to the duration of the relevant professional experience calculated from the date on which the person concerned fulfils the minimum qualifications for engagement, the Commission cannot, without infringing the scope of Article 82(2)(c) of the Conditions of Employment of Other Servants, under which recruitment as a member of the contract staff in function group IV requires at least a level of education which corresponds to completed university studies of at least three years attested by a diploma, as clarified, by reason of their identical terms, by the provisions of Article 5(3)(b) of the Staff Regulations, which apply the same requirement for officials, refuse to take a diploma into account without beforehand examining the content of the course leading to that diploma and without considering whether that diploma can attest to completed university studies. (see paras 41, 42)