Case T-526/16: 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 — Equal treatment — Loss of eligibility for promotion to the next higher grade — Legitimate expectations)
Date: 2018-12-14
Institutions: General Court
Subjects: administrator, equal treatment, pay scale, promotion, staff regulations (EU)








C_2019093EN.01004401.xml










11.3.2019   


EN


Official Journal of the European Union


C 93/44






Judgment of the General Court of 14 December 2018 — FZ and Others v Commission
(Case T-526/16) (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 - Equal treatment - Loss of eligibility for promotion to the next higher grade - Legitimate expectations))
(2019/C 93/54)
Language of the case: French

Parties


Applicants: FZ, and the 9 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 E Rebasti 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, as confirmed by the decisions of that authority of 3 July, 17 July and 6 August 2014.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders FZ and the other officials of the European Commission whose names are listed in the annex to pay the costs;










3.


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






(1)  OJ C 7, 12.1.2015 (case initially registered before the European Union Civil Service Tribunal under Case No F-113/14 and transferred to the General Court of the European Union on 1.9.2016).