INTERNAL DIRECTIVE OF THE COMMISSION

On 7 April 2004 the College of the Heads of Administration approved by written procedure Conclusion 229/04 (see annex), which is applicable within the Commission from 1 May 2004.

Horst REICHENBACH

Annex

Luxembourg, 7th april 2004

CONCLUSION 229/04
 
APPROVED BY THE HEADS OF ADMINISTRATION BY WRITTEN PROCEDURE ENDED ON 7th APRIL 2004

SEC(2004)411

Judgments in Case 17/78 Deshormes v Commission [1990] ECR 189 and Joined cases 225/81 and 241/81 Toledano Laredo and Garilli v Commission [1983] ECR 347 and CA/CR (85) 156
 
Periods during which a person is employed under an auxiliary staff contract without being recruited as a temporary staff member or permanent official immediately afterwards may be recognised as periods covered by a temporary staff contract, so that they are taken into account for the purpose of calculating the Community pension, on condition that no more than one year elapses between the expiry of the auxiliary contract and the date of recruitment as a temporary staff member or official.
 
This measure also applies to persons recruited as contract staff who are employed under an auxiliary staff contract before being recruited as a contract staff member. Periods during which these persons are employed under such a contract may be recognised as periods covered by a contract concluded as a temporary staff member where they fall before 1 May 2004, and as periods covered by a contract concluded as a contract staff member where they fall after that date.
 
The chosen solution must be based on an individual examination of the situation of each person concerned.
 
This Conclusion shall apply from 1 May 2004. It repeals and replaces Conclusion 114/85, which was approved by the Heads of Administration at their 156th meeting held on 23 January 1986.

Done at Luxembourg, 07.04.2004

For the College of the Heads of Administration