Judgment of the Court (Third Chamber) of 13 December 1984. - Marie-Reine Hansen, née Meyer, v The Economic and Social Committee. - Official - Transfer from the secretarial B stream to the normal B stream. - Case 14/84.



European Court reports 1984 Page 04317



Parties

Subject of the case

Grounds

Decision on costs

Operative part



Keywords

1 . OFFICIALS - CAREER - CORRESPONDENCE BETWEEN GRADE AND POST - BASIC POSTS - PASSAGE FROM THE ' ' SECRETARIAL B STREAM ' ' TO THE ' ' NORMAL B STREAM ' ' - PROCEDURES

( STAFF REGULATIONS , ANNEX I , SECTION A )

2 . APPLICATION FOR A DECLARATION OF NULLITY - APPLICATION DEVOID OF PURPOSE - UNNECESSARY TO GIVE A DECISION

Parties

IN CASE 14/84

MARIE-REINE HANSEN , NEE MEYER , AN OFFICIAL OF THE ECONOMIC AND SOCIAL COMMITTEE , REPRESENTED BY MARCEL SLUSNY OF THE BRUSSELS BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ERNEST ARENDT , AVOCAT , CENTRE LOUVIGNY , 34 B IV RUE PHILIPPE-II ,

APPLICANT ,

V

THE ECONOMIC AND SOCIAL COMMITTEE , REPRESENTED BY MARIUS SIMOND , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF MR HAMILIUS , AVOCAT-AVOUE , OF THE LUXEMBOURG BAR , 11 BOULEVARD ROYAL ,

DEFENDANT ,

Subject of the case

APPLICATION FOR A DECLARATION THAT THE DECISION OF THE SECRETARY GENERAL OF THE ECONOMIC AND SOCIAL COMMITTEE OF 1 JULY 1983 TRANSFERRING THE APPLICANT IS VOID IN SO FAR AS SHE IS STILL DESIGNATED IN THAT DECISION AS A SECRETARIAL ASSISTANT ,

Grounds

1 BY AN APPLICATION LODGED AT THE COURT REGISTRY ON 11 JANUARY 1984 , MARIE-REINE HANSEN , NEE MEYER , AN OFFICIAL AT THE ECONOMIC AND SOCIAL COMMITTEE , BROUGHT AN ACTION FOR :

( I ) A DECLARATION THAT DECISION NO 317/83/A OF 1 JULY 1983 WHEREBY THE SECRETARY-GENERAL OF THE ECONOMIC AND SOCIAL COMMITTEE TRANSFERRED THE APPLICANT , IN HER EXISTING CAPACITY AS A SECRETARIAL ASSISTANT , TO A NEW SECRETARIAL B 5/B 4 POST , ALLOCATED TO THE MAIL/RECORDS/LIBRARY/DOCUMENTATION DEPARTMENT , IS VOID IN SO FAR AS SHE IS STILL DESIGNATED IN THAT DECISION AS A SECRETARIAL ASSISTANT ;

( II)A DECLARATION THAT DECISION NO 306/83/A OF 1 JULY 1983 WHEREBY THE SECRETARY-GENERAL OF THE ECONOMIC AND SOCIAL COMMITTEE AMENDED THE DETAILED LIST OF POSTS IN THAT INSTITUTION IS VOID ;

( III)A DECLARATION THAT THE ECONOMIC AND SOCIAL COMMITTEE MUST ADOPT THE MEASURES NEEDED TO REGULARIZE THE APPLICANT ' S SITUATION , NAMELY BY ' ' SPECIFYING THAT THE APPLICANT IS AN ADMINISTRATIVE ASSISTANT IN CAREER BRACKET B 4/B 5 IN THE NORMAL B GRADE ' ' .

2 AN EXAMINATION OF SECTION A OF ANNEX I TO THE STAFF REGULATIONS , WHICH SETS OUT THE BASIC POSTS AND CAREER BRACKETS IN EACH CATEGORY AND IN THE LANGUAGE SERVICE , REVEALS THAT CAREER BRACKETS B 2/B 3 AND B 4/B 5 CONTAIN THREE TYPES OF POST , NAMELY ADMINISTRATIVE ASSISTANT , TECHNICAL ASSISTANT AND SECRETARIAL ASSISTANT . THOSE TYPES OF POST CORRESPOND TO THREE DIFFERENT ' ' STREAMS ' ' WITHIN CATEGORY B : THE NORMAL B STREAM , WHICH IS FOR OFFICIALS QUALIFIED TO CARRY OUT ADMINISTRATIVE AND OFFICE WORK ; THE SECRETARIAL B STREAM , WHICH IS FOR OFFICIALS INVOLVED ESSENTIALLY IN SECRETARIAL WORK AND TYPING ; AND FINALLY THE TECHNICAL B STREAM , WHICH IS FOR OFFICIALS ENGAGED UPON WORK OF A TECHNICAL NATURE .

3 IT IS COMMON GROUND THAT THE ABOVE DISTINCTION HAS NO EFFECT WITH REGARD TO THE FINANCIAL POSITION OF THOSE CONCERNED OR THEIR STATUS UNDER THE STAFF REGULATIONS . HOWEVER , THE CAREER PROSPECTS OF OFFICIALS IN THE NORMAL B STREAM ARE BETTER SINCE THEY HAVE MORE OPPORTUNITIES FOR ADVANCEMENT FROM CAREER BRACKET B 4/B 5 TO CAREER BRACKET B 2/B 3 AND ONLY THEY CAN APPLY FOR PROMOTION TO GRADE B 1 .

4 MRS HANSEN , WHO ENTERED THE SERVICE OF THE ECONOMIC AND SOCIAL COMMITTEE AS A TYPIST IN GRADE C 5 ON 4 JUNE 1968 , WAS ASSIGNED ON 11 NOVEMBER 1969 , AS A SECRETARY , TO DIVISION B . FROM 1 JUNE 1973 TO 1 NOVEMBER 1978 SHE WAS ASSIGNED , AS A SECRETARY , TO THE MAIL/RECORDS/LIBRARY/DOCUMENTATION DEPARTMENT . IN 1978 SHE WAS APPOINTED A PRINCIPAL SECRETARY IN DIRECTORATE A AND ADVANCED TO GRADE C 1 . SHE SUCCESSFULLY TOOK PART IN COMPETITION NO B/25/74 , ORGANIZED IN ORDER TO CONSTITUTE A RESERVE OF ADMINISTRATIVE ASSISTANTS ( NORMAL B POSTS ). IN THE ABSENCE OF A NORMAL B VACANCY , HOWEVER , SHE APPLIED ON 18 DECEMBER 1979 FOR A POST OF SECRETARIAL ASSISTANT ( A SECRETARIAL B POST ) IN THE SECRETARIAT OF DIRECTORATE A . SHE WAS APPOINTED TO THAT POST WITH EFFECT FROM 1 FEBRUARY 1980 .

5 BY A DECISION OF 11 MARCH 1982 , WHICH WAS ADOPTED AT THE APPLICANT ' S REQUEST , SHE WAS PLACED AT THE DISPOSAL OF THE MAIL/RECORDS/LIBRARY/DOCUMENTATION DEPARTMENT .

6 IN ORDER TO BRING THE LIST OF POSTS AS CLOSELY AS POSSIBLE INTO LINE WITH THE EXISTING STATE OF AFFAIRS , AND HAVING REGARD TO MRS HANSEN ' S REQUEST FOR A PERMANENT TRANSFER TO THAT DEPARTMENT , THE SECRETARY-GENERAL ADOPTED TWO DECISIONS ON 1 JULY 1983 :

THE FIRST DECISION , NO 306/83/A , AMENDED THE DETAILED LIST OF POSTS IN THE GENERAL SECRETARIAT BY ALLOCATING A NEW SECRETARIAL B 5/B 4 POST TO THE MAIL/RECORDS/LIBRARY/DOCUMENTATION DEPARTMENT , AS A RESULT OF AN EXCHANGE OF POSTS ;

THE SECOND DECISION , NO 317/83/A , TRANSFERRED MRS HANSEN , IN HER EXISTING CAPACITY AS A SECRETARIAL ASSISTANT , TO THAT NEW POST .

7 IT IS THOSE TWO DECISIONS WHICH ARE THE SUBJECT-MATTER OF THESE PROCEEDINGS , THE SECOND DECISION ONLY IN SO FAR AS IT MAINTAINS MRS HANSEN ' S DESIGNATION AS A SECRETARIAL ASSISTANT . THE TRANSFER ITSELF IS NOT CONTESTED .

8 FINALLY , IN A DECISION OF 24 MAY 1984 , WHICH WAS REFERRED TO BY THE ECONOMIC AND SOCIAL COMMITTEE FOR THE FIRST TIME IN ITS REJOINDER , THE SECRETARY-GENERAL TOOK ACCOUNT OF THE FACT THAT THE ECONOMIC AND SOCIAL COMMITTEE ' S BUDGET FOR 1984 MADE IT POSSIBLE TO ALLOCATE A NEW NORMAL B 5/B 4 POST TO THE MAIL/RECORDS/LIBRARY/DOCUMENTATION DEPARTMENT AND PROCEEDED TO APPOINT MRS HANSEN TO THAT POST AS AN ADMINISTRATIVE ASSISTANT , THAT IS TO SAY SHE WAS APPOINTED TO A NORMAL B POST .

THE CLAIM FOR A DECLARATION THAT DECISION NO 317/83/A IS VOID IN SO FAR AS IT MAINTAINS THE APPLICANT ' S DESIGNATION AS A SECRETARIAL ASSISTANT

9 AFTER THE ADOPTION OF THE AFORESAID DECISION OF 24 MAY 1984 , APPOINTING HER TO A NORMAL B POST AS AN ADMINISTRATIVE ASSISTANT , THE APPLICANT MAINTAINED , BOTH IN HER REPLY TO A WRITTEN QUESTION PUT TO HER BY THE COURT AND AT THE HEARING , THAT SHE STILL HAD AN INTEREST IN CONTINUING THE PROCEEDINGS SINCE THAT DECISION DID NOT SATISFY HER CLAIM IN FULL FOR TWO REASONS :

FIRST , THE MINIMUM QUALIFYING PERIOD FOR HER PROMOTION DID NOT START TO RUN UNTIL 24 MAY 1984 , INSTEAD OF 1 JULY 1983 .

SECONDLY , HER APPOINTMENT , IN ITS PRESENT FORM , PROVIDED NO GUARANTEE THAT SHE MIGHT NOT ONE DAY BE FORCED TO COMPETE WITH OFFICIALS IN THE SECRETARIAL B STREAM .

10 THE ECONOMIC AND SOCIAL COMMITTEE , WHICH DID NOT REPLY IN WRITING TO THE QUESTION PUT TO IT BY THE COURT , STATED AT THE HEARING THAT , IN THE FIRST PLACE , IN ACCORDANCE WITH THE PROVISIONS OF THE STAFF REGULATIONS AS CONSISTENTLY AP- PLIED BY THE ECONOMIC AND SOCIAL COMMITTEE , SENIORITY ACQUIRED IN A SECRETARIAL B POST WAS TAKEN INTO ACCOUNT IN FULL WITH REGARD TO FURTHER ADVANCEMENT IN THE NORMAL B STREAM ; SECONDLY , THE PROBLEM OF COMPETITION BETWEEN THE APPLICANT AND OFFICIALS IN THE SECRETARIAL B STREAM NO LONGER AROSE , SINCE SHE WAS IN THE NORMAL B STREAM AND OFFICIALS CLASSIFIED IN THE SECRETARIAL B STREAM WOULD HAVE TO PASS A COMPETITION IN ORDER TO BE ASSIGNED TO A NORMAL B POST . THE APPLICANT WAS THEREFORE IN THE SAME POSITION AS ALL OTHER OFFICIALS IN THE NORMAL B STREAM AT THE ECONOMIC AND SOCIAL COMMITTEE .

11 THE COURT CONSIDERS IT APPROPRIATE TO TAKE FORMAL NOTE OF THOSE STATEMENTS AND TO DECLARE THAT , AS A RESULT OF THE ADOPTION OF THE DECISION OF 24 MAY 1984 , THE APPLICANT ' S CLAIM HAS BEEN SATISFIED IN FULL . IN THOSE CIRCUMSTANCES THE CLAIM FOR A DECLARATION THAT DECISION NO 317/83/A OF 1 JULY 1983 IS VOID HAS BECOME DEVOID OF PURPOSE .

THE OTHER CLAIMS MADE IN THE APPLICATION

12 IT FOLLOWS THAT THE CLAIM FOR A DECLARATION THAT DECISION NO 306/83/A OF 1 JULY 1983 AMENDING THE DETAILED LIST OF POSTS IS VOID , WHICH WAS PUT FORWARD SOLELY IN ORDER TO OBTAIN A DECLARATION THAT DECISION NO 317/83/A IS VOID , HAS ALSO BECOME DEVOID OF PURPOSE . THE SAME IS TRUE OF THE CLAIM FOR A DECLARATION THAT THE ECONOMIC AND SOCIAL COMMITTEE MUST ADOPT THE MEASURES NEEDED TO REGULARIZE THE APPLICANT ' S SITUATION .

Decision on costs

COSTS

13 UNDER ARTICLE 69 ( 5 ) OF THE RULES OF PROCEDURE , WHERE IT IS NOT NECESSARY TO RULE ON A CLAIM THE COSTS ARE TO BE AT THE DISCRETION OF THE COURT .

14 IT MUST BE NOTED THAT THE ECONOMIC AND SOCIAL COMMITTEE DID NOT REPLY IN WRITING TO THE QUESTION PUT TO IT BY THE COURT IN ORDER TO ASCERTAIN WHETHER THE APPLICANT STILL HAD AN INTEREST IN CONTINUING THE PROCEEDINGS AFTER THE ADOPTION OF THE DECISION OF 24 MAY 1984 . THE DEFENDANT ANSWERED THAT QUESTION ONLY DURING THE ORAL PROCEDURE . SINCE THE APPLICANT THEREFORE REMAINED UNCERTAIN WHETHER SHE HAD AN INTEREST IN CONTINUING THE PROCEEDINGS , IT IS APPROPRIATE IN THE CIRCUMSTANCES OF THIS CASE TO ORDER THE ECONOMIC AND SOCIAL COMMITTEE TO PAY THE COSTS .

Operative part

ON THOSE GROUNDS ,

THE COURT ( THIRD CHAMBER )

HEREBY :

1 . DECLARES THAT IT IS UNNECESSARY TO GIVE A DECISION ON THE CLAIMS SET OUT IN MRS HANSEN ' S APPLICATION ;

2.ORDERS THE ECONOMIC AND SOCIAL COMMITTEE TO PAY THE COSTS .