Judgment — ECLI:EU:F:2008:168
Date: 2008-12-11
Language of the case: English
Court formation: Second Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Grading;Recruitment
Procedure: Staff cases - unfounded;Staff cases - inadmissible;Staff cases

Summary 1. Officials – Contract staff – Recruitment – University diploma or degree required – Meaning of university diploma or degree (Conditions of Employment of Other Servants, Art. 82(2)(c)(i)) 2. Officials – Recruitment – Classification in grade – University diploma or degree required – Comparison of degrees, diplomas and professional accreditations awarded in the different Member States (Council Directive 89/48) 1. In the absence of any provision to the contrary, it should be considered that the requirement of possession of a university degree, which follows from the provisions of Article 82(2)(c)(i) of the Conditions of Employment of Other Servants, is necessarily to be construed in the light of the definition of that phrase in the legislation of the Member State in which the candidate completed the studies on which he relies. (see para. 34) See: 108/88 Jaenicke Cendoya v Commission [1989] ECR 2711, para. 14 T-2/90 Ferreira de Freitas v Commission [1991] ECR II‑103, para. 32; T-82/92 Cortes Jimenez and Others v Commission [1994] ECR-SC I‑A‑69 and II‑237, para. 34 2. The effect of the harmonisation carried out by Directive 89/48 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration is not to limit the discretion which an institution enjoys when comparing the respective value of diplomas in its recruitment policy. Under the scheme of Directive 89/48, the comparison of diplomas is carried out for the purpose of access to certain regulated activities in the different Member States. Such an assessment cannot be confused with the complex assessment of the respective academic value of the qualifications obtained in the different Member States for the purpose of determining the grade attached to a post within an institution of the European Communities. (see para. 85) See: T-299/97 Alonso Morales v Commission [1999] ECR-SC I‑A‑249 and II‑1227, paras 35 and 36; T-25/03 De Stefano v Commission [2005] ECR-SC I‑A‑125 and II‑573, para. 53