GRADING UPON RECRUITMENT ON OR AFTER 1 MAY 2004

(APPLICATION OF ARTICLE 12(3) OF ANNEX XIII OF THE REVISED STAFF REGULATIONS)

Since 1 May 2004, the date of entry into force of the revised Staff Regulations (SR) which have inter alia introduced a new career structure, the Commission has dealt with several complaints pursuant to Article 90(2) of the SR by officials who joined the Commission after that date, contesting the grade attributed to them on the basis of the revised SR. Following the rejection of their complaints, certain officials have lodged appeals before the Court of First Instance. In their complaints and subsequent appeals, these officials contest the legality of Article 12(3) of Annex XIII of the revised SR, on the basis of the following arguments: violation of the principle of equal treatment and non-discrimination, violation of Article 31(1) of the revised SR (appointment to the grade of the function group set out in the notice of competition), violation of Article 5 of the revised SR and the principle regarding the correspondence between posts and grades, violation of the principles of non-retroactivity, acquired rights, legitimate expectations and proper administration..

In order to avoid the proliferation of complaints and appeals, the Appointing Authority has decided to extend the effects of a possible future judgment by the CFI to all of the colleagues concerned, regardless of whether they have or have not contested their grading by lodging a complaint pursuant to Article 90(2) of the SR and/or an appeal to the CFI.

More precisely, if the CFI decides that the provisions of Article 12(3) of Annex XIII of the revised SR should not have been applied to officials included before 1 May 2006 on lists of suitable candidates drawn up for category A, LA, B or C and who are recruited between 1 May 2004 and 30 April 2006, the Appointing Authority shall, in accordance with the requirements of a judgment to this effect by the CFI, extend the benefit of the subsequent regrading exercise to all officials who are in the same situation as those concerned by such judgment(s), namely :

• Those who have successfully passed an open competition the notice of which was published before 1 May 2004, indicating the career structure applicable under the SR in force until 30 April 2004;
   
• and are recruited between 1 May 2004 and 30 April 2006;
   
• and are graded pursuant to the provisions of Article 12(3) of Annex XIII of the revised SR,

even if those officials have not introduced complaints pursuant to Article 90(2) of the SR contesting their grading.