OF THE CASE
CASE 15/64
FOLLOWING THE DECISION OF THE COMMISSION OF 13 JANUARY 1965 ASSIGNING THE APPLICANT GRADE A3 THE MAIN CONCLUSIONS OF THE APPLICATION NO LONGER HAVE ANY PURPOSE .
DURING THE ORAL PROCEDURE THE APPLICANT STATED THAT HE DID NOT INTEND TO MAINTAIN HIS CLAIM FOR COMPENSATION FOR NON-MATERIAL DAMAGE .
THEREFORE THIS CASE NEED ONLY BE EXAMINED FOR THE PURPOSES OF MAKING A DECISION AS TO COSTS .
CASE 60/65
THE APPLICANT SUBMITS THAT BEFORE THE STAFF REGULATIONS WERE APPLIED TO HIM HE HAD BY IMPLICATION BEEN ACCORDED GRADE A3, STEP 4 .
ACCORDING TO THE APPLICANT THE GRADE ACCORDED HIM BY IMPLICATION UNDER ARTICLE 102 OF THE STAFF REGULATIONS IS THE GRADE CORRESPONDING TO THE DUTIES PERFORMED BY HIM DURING THE PERIOD BEFORE THE STAFF REGULATIONS ENTERED INTO FORCE ACCORDING TO THE LATER ASSESSMENT OF THE GRADE UNDER THE STAFF REGULATIONS .
THE OBJECT OF ARTICLE 102 OF THE STAFF REGULATIONS IS TO ENSURE THAT CONTRACTUAL SERVANTS, WHO ARE INTEGRATED IN ACCORDANCE WITH THE SAID REGULATIONS, KEEP THE POSITION WHICH THEY PREVIOUSLY OCCUPIED, BY THE ALMOST AUTOMATIC TRANSFERENCE TO THE TABLE SET OUT IN ARTICLE 66 OF THE STAFF REGULATIONS OF THE GRADE AND STEP ' EXPRESSLY OR IMPLIEDLY ' ACCORDED THEM BEFORE THE STAFF REGULATIONS WERE APPLIED TO THEM .
ON THE OTHER HAND IT IS ONLY POSSIBLE TO ENSURE THAT THE DUTIES PERFORMED CORRESPOND TO THE GRADE BY REFERENCE TO THE PROVISIONS OF ANNEX I TO THE STAFF REGULATIONS AND TO THE DEFINITION REFERRED TO IN THE LAST PARAGRAPH OF ARTICLE 5 .
IT CANNOT BE DISPUTED THAT BEFORE THE ENTRY INTO FORCE OF THE NEW STAFF REGULATIONS OF OFFICIALS THE APPLICANT'S SALARY HAD BEEN FIXED WITH REFERENCE TO THE SALARY-SCALE OF THE STAFF REGULATIONS FOR OFFICIALS OF THE ECSC, AT THE SALARY CORRESPONDING TO GRADE A4, STEP 4, OF THAT SALARY-SCALE .
IT IS NOT THEREFORE TRUE THAT THE APPLICANT HAD ALREADY BEEN ACCORDED GRADE A3, STEP 4, BEFORE THE STAFF REGULATIONS WERE APPLIED TO HIM .
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THEREFORE THIS SUBMISSION IS UNFOUNDED .
THE APPLICANT SUBMITS THAT HE HAS IN ANY EVENT THE RIGHT TO KEEP IN THE NEW GRADE ACCORDED AS A RESULT OF THE REVALUATION OF HIS POST UNDER THE NEW STAFF REGULATIONS THE STEP WHICH HE WAS ASSIGNED IN HIS PREVIOUS GRADE .
IN THE ABSENCE OF ANY SPECIFIC REFERENCE IN THE STAFF REGULATIONS TO THIS SITUATION, THE APPLICATION OF THE CRITERION OF THE SIMPLE TRANSFERENCE OF THE STEP TO THE NEW GRADE WOULD BE UNDERSTANDABLE IF THE PREVIOUS CLASSIFICATION OF THE POST WERE GOVERNED BY THE PREVIOUS STAFF REGULATIONS OF THE ECSC OR COVERED ONLY ONE GRADE .
IN FACT UNDER THE STAFF REGULATIONS THE ASSIGNMENT OF A STEP IS GOVERNED BY PRECISE AND UNIFORM RULES .
ON THE OTHER HAND UNDER THE SYSTEM OF CONTRACTUAL ENGAGEMENTS APPLIED TO THE APPLICANT BEFORE THE ENTRY INTO FORCE OF THE NEW STAFF REGULATIONS OF OFFICIALS THE RULES FOR DETERMINING THE STEP IN A GRADE WERE NOT SO STRICT .