Judgment — ECLI:EU:T:2003:210
Date: 2003-07-17
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Leave on personal grounds
Procedure: Staff cases - unfounded;Action for damages - unfounded

SUMMARY — CASE T-81/02 
Summary 
Officials - Leave on personal grounds - Expiry - Reinstatement - Obligation of 
the administration - Condition - Notice of vacancy - Concept - Regrading of 
post - Precluded 
(Staff Regulations, Art. 40(4) (d)) 
Article 40 (4) (d) of the Staff Regulations imposes an obligation on the Community 
institutions to reinstate an official whose leave on personal grounds has come to an 
end in the first post corresponding to his grade which falls vacant in his category 
or service, provided that he satisfies the requirements for that post. The concept of 
vacant post presupposes that there is a post to be filled, in other words a post that 
is not or will soon no longer be occupied, which is why it is 'vacant', in the sense 
that it is not occupied or must be filled, a situation that is remedied by appointing 
the future holder of the post in question in compliance with the rules and 
recruitment procedures provided for in Articles 4 and 29 of the Staff Regulations. 
The upgrading of a post, which has resulted in its holder being promoted to a higher 
grade, is characterised by the absence of any 'vacancy' within the meaning 
described above, since the post occupied and its holder are the same before and after 
the upgrading. 
(see paras 26, 28-29) 
See: T-48/90 Giordani v Commission [1993] ECR II-721, para. 50; T-276/94 Buick v 
Commission [1995] ECR-SC I-A-221 and II-667, para. 34 
I-A - 186