This document is an excerpt from the EUR-Lex website
Document 62019TJ0131
Judgment of the General Court (First Chamber) of 10 June 2020.
Marc Oosterbosch v European Parliament.
Civil service – Contract staff – Remuneration – Shiftwork allowance – Article 56a of the Staff Regulations – Legal certainty – Principle of legality – Concept of night work.
Case T-131/19.
Judgment of the General Court (First Chamber) of 10 June 2020.
Marc Oosterbosch v European Parliament.
Civil service – Contract staff – Remuneration – Shiftwork allowance – Article 56a of the Staff Regulations – Legal certainty – Principle of legality – Concept of night work.
Case T-131/19.
ECLI identifier: ECLI:EU:T:2020:250
Judgment of the General Court (First Chamber) of 10 June 2020 –
Oosterbosch v Parliament
(Case T‑131/19)
(Civil service – Contract staff – Remuneration – Shiftwork allowance – Article 56a of the Staff Regulations – Legal certainty – Principle of legality – Concept of night work)
1. |
Actions brought by officials – Action against a decision rejecting a complaint – Effect – Disputed measure referred to the Court – Exception – Decision not confirmatory in character – Account taken of the reasoning therein (Staff Regulations, Arts 90 and 91) (see paras 33-35) |
2. |
Plea of illegality – Scope – Measures the illegality of which may be pleaded – General measure providing the basis of the contested decision – Need for a legal connection between the contested measure and the contested general measure – Inapplicability of the rule of correspondence between the application and the complaint (Art. 277 TFEU) (see paras 53-55) |
3. |
Officials – Representation – Staff Committee – Obligatory consultation – Scope – No obligation for the administration to act upon the observations made by the Staff Committee (see para. 80) |
4. |
Officials – Working conditions – Allowance for continuous working or shiftwork – Conditions for granting – Implementation of an internal regulation providing for the division of the 24-hour day into three time slots and establishing several shifts during those time slots – Whether permissible (Staff Regulations, Art. 56a; Council Regulation No 300/76, as amended by Regulation No 1873/2006, Art. 1(1)) (see paras 108, 110-113) |
5. |
Officials – Working conditions – Allowance for continuous working or shiftwork – Night work – Concept – No obligation to apply national law (Staff Regulations, Art. 56, first para.; European Parliament and Council Directive 2003/88, Art. 2(3)) (see para. 126) |
6. |
Officials – Working conditions – Allowance for continuous working or shiftwork – Night work – Concept – Partial overlap of a shift with night time – Precluded (Staff Regulations, Art. 56, first para.; European Parliament and Council Directive 2003/88, Art. 2(4)(b)) (see para. 129) |
Re:
Application under Article 270 TFEU for annulment of the applicant’s salary statements for the months of March, April and June 2018.
Operative part
The Court:
1. |
Dismisses the application; |
2. |
Orders Mr Marc Oosterbosch to pay the costs. |