Judgment — ECLI:EU:F:2011:188
Date: 2011-11-29
Language of the case: French
Court formation: Third Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Staff cases - inadmissible

Summary Officials – Members of the temporary staff – Leave for national service – Military service – Definition (Conditions of Employment of Other Servants, Art. 18, first para.) According to the first sentence of the first paragraph of Article 18 of the Conditions of Employment of Other Servants, a member of the temporary staff who is called up for military service, alternative services or reserve training or who is recalled to serve in the armed forces shall be assigned leave for national service. The situation referred to in the first paragraph of Article 18 of the Conditions of Employment is clearly only that in which a member of the temporary staff is required, under national legislation on military service, to complete in the Member State of which he is a national a limited period of military training, for example as a reserve officer. The provisions do not, on the other hand, refer to a situation in which a national civil servant is required, at the end of a period of secondment to the European institutions under a contract as a member of the temporary staff, to rejoin his administration in order to satisfy obligations associated with the progress of his career, even if that civil servant belongs to a body whose members are subject to military rules and discipline. Moreover, a member of the temporary staff may be regarded as ‘recalled to serve in the armed forces’ within the meaning of the first paragraph of Article 18 of the Conditions of Employment of Other Servants only if one or more age groups are recalled because of the threat of armed conflict, for example. (see paras 35, 38, 40)