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 .