In any event, internal directives adopted by the institutions and bodies of the European Union may not lawfully, in any circumstances, lay down rules which derogate from hierarchically superior provisions, such as the provisions of the Staff Regulations and of the legislation adopted for their implementation.

In this regard, it is clear from the wording of the second paragraph of Article 56 of the Staff Regulations that overtime worked by officials in function group AST, grades AST 5 to AST 11, carries no right to compensation or remuneration.

An Official cannot rely on an interpretation of an internal directive which would run counter to the very wording of the general provisions of the Staff Regulations, in order to contest the adoption of a decision withdrawing a fixed allowance for overtime by reason solely of his promotion to grade AST 5, and subsequently AST 6.

As regards the fixed allowance for overtime referred to in Article 56 of the Staff Regulations, the second and third paragraphs of that provision expressly exclude officials in function group AD and in function group AST, grades AST 5 to AST 11, from any right to compensation or remuneration for any overtime worked, and do not provide for any exception with regard to the nature of the duties performed or the fact that overtime may be worked regularly. Accordingly, an official is not justified in claiming that that restriction does not apply to officials who are called on to work overtime on a regular basis, such as chauffeurs, and thus that those officials are entitled to retain the benefit of the fixed allowance for overtime for their entire career, regardless of their classification in grade.

In this regard, it is apparent on reading the first, second and third paragraphs of Article 56 of the Staff Regulations together that the legislature intended to protect officials against any obligation to work an excessive number of hours, while reserving the benefit of compensation or remuneration for overtime to solely those officials who are classified in the lowest levels on the grading scale and who, accordingly, receive lower remuneration than colleagues who, by reason amongst other things of seniority, are classified in a higher grade and receive higher remuneration.

Furthermore, Annex VI to the Staff Regulations, relating to compensatory leave and remuneration for overtime, implements Article 56 of the Staff Regulations and specifies, within the limits laid down by that Article, the form and the amount of compensation which can be granted to officials in function group AST/SC, grades SC 1 to SC 6 and in function group AST, grades AST 1 to AST 4. Thus neither Annex VI to the Staff Regulations nor, a fortiori, Article 3 of that annex, can be read as derogating in any way from the principle laid down by Article 56 of the Staff Regulations in favour of officials in function group AST, grades AST 5 to AST 11.

In any event, the benefit of the fixed allowance for overtime cannot be extended to categories of officials other than those expressly referred to in Article 3 of Annex VI to the Staff Regulations. Provisions conferring financial benefits must be interpreted strictly.

(see paras 65, 67-70)

Judgments of 18 September 2003 in Lebedef and Others v Commission, T‑221/02, EU:T:2003:239, para. 38, and 15 July 2004 in Valenzuela Marzo v Commission, T‑384/02, EU:T:2004:239, para. 104

Judgment of 7 October 2009 in Pappas v Commission, F‑101/08, EU:F:2009:137, para. 65