This document is an excerpt from the EUR-Lex website
Document 61963CJ0070
Sammendrag af dom
Sammendrag af dom
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1 . OFFICIALS OF THE ECSC - INTEGRATION ( STAFF REGULATIONS OF 1962 ) - REVALUATION OF POST - LANGUAGE DEPARTMENT - INCREASE OF A STEP - CRITERIA FOR CLASSIFICATION
( STAFF REGULATIONS OF THE ECSC OF 1956, ARTICLE 2 ( B ); STAFF REGULATIONS OF THE ECSC, ANNEX X,4 ( B ))
2 . OFFICIALS OF THE ECSC - INTEGRATION ( STAFF REGULATIONS OF 1962 ) - CARRYING FORWARD OF SENIORITY
( STAFF REGULATIONS OF THE ECSC, ARTICLES 93 AND 94 )
3 . OFFICIALS OF THE ECSC - INTEGRATION ( STAFF REGULATIONS OF 1962 ) - REDUCTION IN REMUNERATION - COMPENSATORY ALLOWANCE - CONDITION OF GRANTING
( STAFF REGULATIONS OF THE ECSC, ARTICLE 95 )
4 . OFFICIALS OF THE ECSC - INTEGRATION ( STAFF REGULATIONS OF 1962 ) - GRADE EXPLICITY OBTAINED UNDER THE FORMER STAFF REGULATIONS - OBLIGATORY POINT OF DEPARTURE FOR RECLASSIFICATION
5 . OFFICIALS - REVALUATION OF POST - CONCEPT - CRITERIA FOR CLASSIFICATION WITHIN THE NEW GRADE
6 . OFFICIALS - REVALUATION OF POST - INAPPLICABILITY OF THE RULES FOR PROMOTION
( STAFF REGULATIONS OF THE ECSC, ARTICLE 45 )
1 . ALTHOUGH CORRESPONDING TO THE GRADES PROVIDED FOR BY ARTICLE 2 ( A ) OF THE STAFF REGULATIONS OF THE ECSC OF 1956, THE GRADES OF THE LANGUAGE DEPARTMENT OF THE ECSC HAVE BEEN INCREASED BY ONE STEP . ANNEX X, 4 ( B ) OF THE STAFF REGULATIONS OF THE ECSC OF 1962, BY CONFERRING AN ' EXTRA ' STEP ON THE OFFICIALS OF THE LANGUAGE DEPARTMENT, CLEARLY TENDS TO RETAIN FOR THESE OFFICIALS THE ADVANTAGE OF THE HIGHER STEP PROVIDED FOR IN THE STAFF REGULATIONS OF 1956 . IT FOLLOWS FROM THIS PROVISION, AND IN PARTICULAR FROM THE WORDS ' ...SHALL BE CLASSIFIED IN THE GRADE FOR HIS POST AND AT THE STEP WITHIN THAT GRADE DIRECTLY ABOVE ... ', THAT THE STEP ABOVE MUST BE CONFERRED WITHIN THE GRADE AT THE POINT ARRIVED AT BY THE RECLASSIFICATION .
2 . THE CARRYING FORWARD OF SENIORITY IS TO BE APPLIED TO OFFICIALS WHO ARE INTEGRATED WITHIN THE MEANING OF ARTICLE 94 OF THE STAFF REGULATIONS OF THE ECSC . CONSEQUENTLY, THE POSITION OF THESE OFFICIALS MUST BE CALCULATED EMPLOYING THE VALUE OF THE STEPS OF THE GRADE WITHIN WHICH THEY HAVE BEEN INTEGRATED .
3 . THE COMPENSATORY ALLOWANCE PROVIDED FOR BY ARTICLE 95 OF THE STAFF REGULATIONS MAY ONLY BE GRANTED IF THERE IS A DIFFERENCE BETWEEN THE FORMER REMUNERATION AND THAT RESULTING FROM THE APPLICATION OF THE NEW STAFF REGULATIONS . IT IS ONLY AFTER THE LAST OPERATION OF THE RECLASSIFICATION THAT IT IS POSSIBLE TO DECIDE WHETHER THE OFFICIAL'S REMUNERATION HAS BEEN REDUCED BY REASON OF THE APPLICATION OF THE NEW STAFF REGULATIONS .
4 . IN INTEGRATING OFFICIALS OF THE ECSC UNDER THE STAFF REGULATIONS OF 1962, A GRADE EXPRESSLY OBTAINED UNDER THE FORMER STAFF REGULATIONS MUST SERVE AS THE POINT OF DEPARTURE FOR THE RECLASSIFICATION, ALL THE MORE SO SINCE IT IS IMPOSSIBLE FOR THESE OFFICIALS TO BE APPOINTED BY IMPLICATION TO ANOTHER GRADE .
5 . THE REVALUATION OF THE POST AND THE DETERMINATION OF THE STEP ARE GUIDED BY ENTIRELY DIFFERENT CRITERIA, AND THE ESSENTIAL ROLE OF THE STEP IS TO TAKE ACCOUNT OF THE OFFICIAL'S SENIORITY; IT THUS CONSTITUTES A FACTOR RELATING TO HIS INDIVIDUAL POSITION WHILE THE REVALUATION OF THE POST RELATES TO THE VALUE TO BE ATTRIBUTED IN GENERAL AND ABSTRACT TERMS TO A GIVEN ' BASIC POST '. LOGIC CONSEQUENTLY REQUIRES THAT IN CASES OF THE REVALUATION OF A POST THE ADVANTAGES ARISING FROM BOTH FOR THE PERSON CONCERNED SHOULD BE ACCUMULATED SEPARATELY, AND IN NO WAY SET OFF AGAINST ONE ANOTHER, EVEN PARTIALLY . THE PERSON CONCERNED MUST THEREFORE BE CLASSIFIED IN HIS NEW GRADE AT THE SAME STEP AS THAT WHICH HE OCCUPIED IN THE FORMER GRADE .
6 . THE REVALUATION OF A POST MUST NOT BE GOVERNED BY THE RULES LAID DOWN WITH REGARD TO PROMOTION .