Judgment of the Court (Third Chamber) of 7 February 1990. - Claude Laval v Economic and Social Committee of the European Communities. - Officials - Reorganisation of departments - Establishment. - Case C-95/88.



European Court reports 1990 Page I-00253

Pub.RJ Page Pub somm



Summary

Parties

Operative part



Keywords

++++

1.Officials - Posting - Regrading of post - Reclassification of official - Absence of applicable provisions

2.Officials - Recruitment - Notice of vacant post - Subject-matter

( Staff Regulations, Arts 4 and 29 )

3.Officials - Action - Interest in bringing proceedings - None - Provisional recruitment arrangements applicable to Spanish and Portuguese nationals - Official not eligible to occupy the post on account of his nationality

( Staff Regulations, Art . 91; Council Regulation No 3517/85 )

Summary

1.There is no provision in the Staff Regulations either for the regrading of a post or for reclassification as such ( see the judgment of 6 May 1969 in Case 21/68 Huybrechts v Commission (( 1969 )) ECR 85 ).

2.The essential purpose of the vacancy notice is to give those interested the most accurate information possible about the conditions of eligibility for the post in question in order to enable them to judge whether they should apply for it ( see the judgment of 30 October 1974 in Case 188/73 Grassi v Council (( 1974 )) ECR 1099 ).

3.Once a post to be filled has been lawfully reserved to a Spanish national under the provisional recruitment arrangements established by Regulation No 3517/85, an official who, on account of his nationality, was not eligible to occupy the post, has no interest in challenging the choice of the Spanish national made by the institution in order to fill the post in question .

Parties

In Case C-95/88

Claude Laval, an official of the Economic and Social Committee of the European Communities, represented and assisted by Edmond Lebrun, of the Brussels Bar, with an address for service in Luxembourg at the Chambers of T . Biever, 83, boulevard Grande-Duchesse Charlotte,

applicant,

v

Economic and Social Committee of the European Communities, represented by its Legal Adviser, Mr Bruggeman and by D . Lagasse, of the Brussels Bar, acting as Agents, with an address for service in Luxembourg at the office of Georgios Kremlis, a Member of the Commission' s Legal Department, Wagner Centre, Kirchberg,

defendant,

APPLICATION for the annulment of the following decisions of the Bureau of the Economic and Social Committee of the European Communities relating to the filling of the vacant post of Head of the Agriculture Division in Directorate C ( Vacancy Notice No 47/87 ):

( a)the decision adopted on 29 June 1987 to select two candidates to fill two of the three vacant posts of Head of Division, including the post at issue, by means of internal promotion,

( b)the decision adopted on 30 June 1987 reserving the post at issue for a Spanish national,

( c)the decision adopted on 17 November 1987 proposing that the Council of the European Communities should appoint Francesco Vallejo de Olavarria to the post at issue,

and also the annulment of :

( d)the decision of the bureau notified in its letter of 26 November 1987 not to accept the applicant' s candidature for that post,

( e)the decision of the Chairman of the Economic and Social Committee of 15 December 1987 transferring the applicant to the section for the Protection of the Environment, Public Health and Consumer Affairs in Directorate A,

( f)the express decision rejecting his complaint notified to him by letter of 4 February 1988,

THE COURT ( Third Chamber )

composed of : M . Zuleeg, President of Chamber, J . C . Moitinho de Almeida and F . Grévisse, Judges,

hereby :

Operative part

( 1)Dismisses the application;

( 2 ) Orders each party to bear its own costs .