Judgment — ECLI:EU:F:2007:124
Date: 2007-07-05
Language of the case: French
Court formation: Second Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Grading;Recruitment other than by competition;Amendment of the text of the Staff Regulations
Procedure: Staff cases

Summary Officials – Recruitment – Classification in step – Additional seniority in step (Staff Regulations, Arts 29(2) and 32, third para.; Council Regulation No 723/2004) In the absence of any transitional provision in Regulation No 723/2004 amending the Staff Regulations of Officials and the Conditions of Employment of Other Servants, the third paragraph of Article 32 of the Staff Regulations, the wording of which is clear and unambiguous, remains wholly applicable, after that regulation came into force, to the classification in step of any member of the temporary staff who is appointed an official in the same grade that he occupied previously. He therefore retains the seniority in step acquired in his capacity as a member of the temporary staff. In that respect, the appointment of a staff member in active employment to a higher post pursuant to Article 29(2) of the Staff Regulations cannot be considered to be an ‘external’ recruitment preventing any account being taken of the years of service which the newly appointed official has accumulated as a member of the temporary staff. (see paras 49, 58, 62) See: F-21/06 Da Silva v Commission [2007] ECR-SC I-A-1-000 and II-A-I-000, para. 75