Internal competitions - consequences of the transfer from one category to another between 1 May 2004 and 1 May 2006

Since 1 May 2004, the date of entry into force of the revised Staff Regulations (SR), which among other things introduced a new career structure, the Commission has dealt with several complaints pursuant to Article 90(2) of the SR by officials who contest a number of consequences of their transfer from one category to another, following their successful participation in an internal competition to that effect, notice of which was published before 1 May 2004.

Following the rejection of their complaints, a large number of officials has now lodged appeals before the European Union Civil Service Tribunal (CST). The three main points of contention are:
(1) the grade attributed to these officials pursuant to Article 5(2) of Annex XIII of the SR, which they contend does not correspond to the grade(s) indicated in the notice of internal competition,
(2) the fact that the multiplication factor is still applied to their basic salaries and that their transfer to a higher category has not resulted in a higher remuneration, and
(3) the fact that their transfer to a higher category has resulted in the loss of all of the merit and priority points they had accumulated in previous promotion exercises (the so-called "sac à dos").

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 CST to all of the colleagues concerned, regardless of whether they have or have not contested the three consequences of their transfer indicated above by lodging a complaint pursuant to Article 90(2) and/or an appeal to the CST.

More precisely, if the CST were to uphold the appeals, the Appointing Authority will apply the same measures as those required by a proper implementation of such judgment(s) to all officials who are in the same situation as the applicants, namely:

• those whose names appear before 1 May 2006 on the list of candidates suitable for transfer from one category to another, having successfully passed an internal competition, the notice of which was published before 1 May 2004 and indicating the career structure applicable under the SR in force until 30 April 2004,
   
• and transferred from one category to the other between 1 May 2004 and 30 April 2006,
   
• and have been graded pursuant to the provisions of Article 5(2) of Annex XIII of the revised SR,
   
• and whose accumulated merit and priority points have been cancelled,

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