FOR THE COURT TO RAISE THE MATTER OF ITS OWN MOTION .
ON THE OTHER HAND, THE DEFENDANT HAS QUESTIONED THE ADMISSIBILITY OF APPLICATION 21/63 ON THE GROUND THAT THE CONTESTED DECISION CREATED NO NEW LEGAL SITUATION FOR THE APPLICANT .
IF, INDEPENDENTLY OF THE DECISION ESTABLISHING THE APPLICANT, THE COMMISSION WERE TO HAVE CLASSIFIED HIM BY MEANS OF A SEPARATE DECISION IN A GRADE OTHER THAN THAT OBTAINED BY HIM UNDER THE ESTABLISHMENT PROCEDURE, THEN THE REFUSAL OF THE COMMISSION TO UPHOLD HIS REQUEST FOR RECLASSIFICATION, WHICH IS CONTESTED IN APPLICATION 21/63, WOULD CERTAINLY BE CAPABLE OF AFFECTING HIM ADVERSELY .
THIS QUESTION IS A MATTER RELATING TO THE CONSIDERATION OF THE SUBSTANCE OF THE CASE .
IN THESE CIRCUMSTANCES APPLICATION 21/63 MUST ALSO BE DECLARED ADMISSIBLE .
ON THE SUBSTANCE OF THE CASE
HAVING REGARD BOTH TO THE OFFICE OF HEAD OF DIVISION FOR WHICH HE WAS RECRUITED BY THE COMMISSION AND THE DUTIES HE IS PERFORMING AT PRESENT, THE APPLICANT MAINTAINS THAT HE IS ENTITLED TO CLASSIFICATION IN GRADE A3 UNDER THE ESTABLISHMENT PROCEDURE REFERRED TO IN ARTICLE 102 AND PURSUANT TO ANNEX I TO THE STAFF REGULATIONS OF OFFICIALS OF THE EEC .
THE DEFENDANT CONTENDS THAT ARTICLE 102 PREVENTS A CONTRACTUAL SERVANT WHO WAS EXPRESSLY ACCORDED A PARTICULAR GRADE BEFORE THE ENTRY INTO FORCE OF THE STAFF REGULATIONS - AS IS THE CASE OF THE APPLICANT WHO IS CLASSIFIED IN GRADE A4 - FROM OBTAINING A DIFFERENT GRADE ON ESTABLISHMENT .
MOREOVER, ANNEX I CAN ONLY BE APPLIED IN THE CONTEXT OF THE POSSIBLE MEASURES OF STANDARDIZATION REFERRED TO IN ARTICLE 102, AFTER THE DEFINITION OF THE DUTIES AND POWERS ATTACHING TO EACH POST HAD BEEN ADOPTED BY EACH INSTITUTION .
ARTICLE 102, THE FIRST FOUR PARAGRAPHS OF WHICH HAVE BEEN WHOLLY INCORPORATED INTO ANNEX X TO THE NEW STAFF REGULATIONS OF OFFICIALS OF THE ECSC, WAS INTENDED TO PROVIDE UNIFORM CRITERIA TO GOVERN NOT ONLY SERVANTS RECRUITED ON THE BASIS OF THE SO-CALLED ' BRUSSELS ' CONTRACT BUT ALSO, IN CERTAIN CASES, ESTABLISHED AND NON-ESTABLISHED SERVANTS RECRUITED UNDER THE FORMER STAFF REGULATIONS OF THE ECSC .
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ONE OF THE COMMON CRITERIA ENSURES THAT EXCEPT IN THE PARTICULAR CASE REFERRED TO IN PARAGRAPH ( 2 ) OF THAT ARTICLE, ALL SERVANTS OF THE EUROPEAN COMMUNITIES ON BEING GRANTED ESTABLISHMENT MAINTAIN THE POSITIONS WHICH THEY HELD BEFORE THE ENTRY INTO FORCE OF THE STAFF REGULATIONS; THIS IS EFFECTED BY MEANS OF A QUASI-AUTOMATIC RECLASSIFICATION WITHIN THE TABLE PROVIDED IN ARTICLE 66 OF THE STAFF REGULATIONS OF THE GRADE AND STEP EXPRESSLY OR IMPLIEDLY ACCORDED EARLIER .
BEFORE THE ENTRY INTO FORCE OF THESE STAFF REGULATIONS, SERVANTS RECRUITED UNDER THE SO - CALLED ' BRUSSELS ' SCHEME HAD NO STAFF REGULATIONS TO GOVERN THEIR POSITION AND COULD ONLY OBTAIN A PARTICULAR GRADE AND STEP BY ANALOGY WITH THE SYSTEM IN FORCE IN THE ECSC .
THEREFORE, IT SHOULD BE REMEMBERED THAT THE POSITION OF THESE SERVANTS IS COVERED BY THE PROVISION IN ARTICLE 102 WHICH REFERS