Keywords
Summary

Keywords

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1. Officials - Actions - Interest in bringing proceedings - Requirement that claims put forward by an official must relate to him personally (Staff Regulations, Art. 91)

2. Officials - Organization of departments - Assignment of staff - Administration' s discretion

3. Officials - Temporary postings - Appointment - Appointing authority' s discretion

(Staff Regulations, Art. 7(2) )

Summary

1. Even though the duty of the institutions to comply with the provisions of the Staff Regulations relating to the recruitment of their staff corresponds to a public interest, an official is not entitled to act in the interests of the law or of the institutions and may put forward, in support of an action for annulment, only such claims as relate to him personally.

2. The Community institutions draw up their lists of posts independently and enjoy wide discretionary powers in the organization of their departments, so as to organize the various administrative units taking account of a whole range of factors, such as the nature and scope of the tasks which are assigned to them and the budgetary possibilities.

The administration has no obligation with regard to an official to organize the department in which he is employed so as to guarantee him an opportunity to perform certain duties and obtain promotion as a result.

3. Article 7(2) of the Staff Regulations confers a power on the appointing authority to call upon an official to occupy temporarily a post in a higher career bracket, but does not impose on it any obligation to exercise such power. Where it takes a decision in the matter, the appointing authority enjoys a wide discretionary power which it exercises in the light of the circumstances of the case.