Judgment — ECLI:EU:F:2014:4
Date: 2014-01-21
Language of the case: French
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Staff cases - decision unnecessary

Summary 1. Officials — Staff Regulations — Regulation No 723/2004 amending the Staff Regulations — Transitional arrangements — Administration’s discretion — Scope — Autonomy of the institutions (Staff Regulations, Art. 110; Council Regulation No 723/2004, recital 37) 2. Officials — Equal treatment — Limits — Advantage unlawfully granted 1. In adopting Regulation No 723/2004 amending the Staff Regulations of Officials and the Conditions of Employment of Other Servants, the EU legislature did not put in place uniform transition arrangements for all the institutions and bodies and, consequently, each appointing authority had to adopt internal provisions specific to the institution or body concerned in order to protect the rights acquired by its officials and secure their legitimate expectations. The inevitable consequence of that choice by the legislature, so far as the reclassification of cross-category officials is concerned, is that although they are treated in a uniform manner within the same institution this is not necessarily so in the event of a transfer from one institution to another, in compliance, of course, with the relevant provisions of the Staff Regulations. Although, under the principle of a single European administration, all the officials of all the institutions of the Union are subject to a single body of Staff Regulations, such a principle does not mean that the institutions are required to make identical use of the discretion afforded to them by the Staff Regulations when, on the contrary, in the management of their staff the institutions have the benefit of the principle of autonomy. (see paras 28-29) See: 16 September 1997, T‑220/95 Gimenez v Committee of the Regions, para.72 18 September 2013, F‑76/12 Scheidemann v Commission, para. 26 2. The principle of equality of treatment between officials must be reconciled with the principle of legality, according to which no person may rely, in support of his claim, on an unlawful act committed in favour of another. (see para. 38) See: 4 July 1985, 134/84 Williams v Court of Auditors, para. 14; 2 June 1994, C‑326/91 P de Compte v Parliament, paras 51 and 52 1 July 2010, F‑40/09 Časta v Commission, para. 88