Case T-540/16: Judgment of the General Court of 14 December 2018 — FZ and Others v Commission (Civil service — Officials — Reform of the Staff Regulations — Regulation (EU, Euratom) No 1023/2013 — Types of posts — Transitional rules on grading in the types of posts — Article 30 of Annexe XIII to the Staff Regulations — Administrators in transition (AD 13) — Administrators (AD 12) — Promotion under Article 45 of the Staff Regulations only allowed within the career streams corresponding to the type of post occupied — Access to the type of post ‘Head of Unit’ or equivalent’ or ‘Adviser or equivalent’ exclusively in accordance with the procedure under Article 4 and Article 29(1) of the Staff Regulations — Concept of an act adversely affecting an official — Confirmatory act — Lis pendens — Compliance with the requirements of the pre-litigation procedure — Inadmissibility)
Date: 2018-12-14
Institutions: General Court
Subjects: administrator, admissibility, pay scale, promotion, staff regulations (EU)








C_2019093EN.01004501.xml










11.3.2019   


EN


Official Journal of the European Union


C 93/45






Judgment of the General Court of 14 December 2018 — FZ and Others v Commission
(Case T-540/16) (1)

((Civil service - Officials - Reform of the Staff Regulations - Regulation (EU, Euratom) No 1023/2013 - Types of posts - Transitional rules on grading in the types of posts - Article 30 of Annexe XIII to the Staff Regulations - Administrators in transition (AD 13) - Administrators (AD 12) - Promotion under Article 45 of the Staff Regulations only allowed within the career streams corresponding to the type of post occupied - Access to the type of post ‘Head of Unit’ or equivalent’ or ‘Adviser or equivalent’ exclusively in accordance with the procedure under Article 4 and Article 29(1) of the Staff Regulations - Concept of an act adversely affecting an official - Confirmatory act - Lis pendens - Compliance with the requirements of the pre-litigation procedure - Inadmissibility))
(2019/C 93/55)
Language of the case: French

Parties


Applicants: FZ, and the 8 other applicants whose names appear in the annex to the judgment (represented by T. Bontinck and A. Guillerme, lawyers)

Defendant: European Commission (represented initially by J. Currall and G. Gattinara, subsequently by G. Gattinara and C. Berardis-Kayser and finally by G. Gattinara and L. Radu Bouyon, acting as Agents)

Interveners in support of the defendant: European Parliament (represented initially by N. Chemaï and M. Dean, subsequently by L. Deneys, J. Steele and J. Van Pottelberge, acting as Agents); and the Council of the European Union (represented initially by M. Bauer and M. Veiga and subsequently by M. Bauer and R. Meyer, acting as Agents)

Re:

Application based on Article 270 TFEU and seeking annulment of the Commission’s decisions by which the appointing authority of that institution classified the applicants in the ‘administrator in transition’ or ‘administrator’ types of post, with the consequence that, with effect from 1 January 2014, they were no longer eligible for promotion to the next higher grade.

Operative part of the judgment

The Court:






1.


Dismisses the action as inadmissible, in so far as it is brought by FZ and the eight officials of the European Commission, other than GL, whose names are listed in the annex.










2.


Dismisses the action as inadmissible and, in any event, as unfounded in so far as it is brought by GL.










3.


Orders the Commission to bear its own costs and to pay half the costs incurred by the officials whose names are listed in the annex.










4.


Orders FZ and the other officials whose names are listed in the annex to bear half of their own costs.










5.


Orders the European Parliament and the Council of the European Union to bear their own costs.






(1)  OJ C 96, 23.3.2015 (case initially registered before the European Union Civil Service Tribunal under Case No F-18/15 and transferred to the General Court of the European Union on 1.9.2016).