Keywords
Summary

Keywords

1 . OFFICIALS - APPLICATIONS TO THE COURT - DECISIONS ON CONTINGENT PENSION RIGHTS - INTEREST IN TAKING PROCEEDINGS

( STAFF REGULATIONS , ART . 91 )

2 . TEMPORARY STAFF - AUXILIARY STAFF - DIFFERENCE - WHETHER POST PERMANENT OR NOT

( CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES , ARTS . 2 ( B ) AND 3 )

Summary

1 . ALTHOUGH IT IS TRUE THAT BEFORE RETIREMENT , AN UNCERTAIN FUTURE EVENT , PENSION RIGHTS ARE CONTINGENT RIGHTS WHICH ARE IN PROCESS OF CREATION FROM DAY TO DAY , IT IS NONE THE LESS CLEAR THAT AN ADMINISTRATIVE ACT DECIDING THAT A PERIOD OF EMPLOYMENT CANNOT BE TAKEN INTO ACCOUNT FOR THE CALCULATION OF YEARS OF PENSIONABLE SERVICE IMMEDIATELY AND DIRECTLY AFFECTS THE LEGAL SITUATION OF THE PERSON CONCERNED EVEN IF THAT ACT IS TO BE IMPLEMENTED ONLY SUBSEQUENTLY . THEREFORE THE OFFICIAL HAS A LEGITIMATE , PRESENT AND VESTED INTEREST IN TAKING PROCEEDINGS AGAINST SUCH AN ACT .

2 . THE DIFFERENCE BETWEEN TEMPORARY STAFF ( WITHIN THE MEANING OF ARTICLE 2 ( B ) OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES ) AND AUXILIARY STAFF LIES IN THE FACT THAT A MEMBER OF THE TEMPORARY STAFF FILLS A PERMANENT POST INCLUDED IN THE LIST OF POSTS OF AN INSTITUTION , WHEREAS , EXCEPT IN THE CASE OF TEMPORARY REPLACEMENT OF AN OFFICIAL , A MEMBER OF THE AUXILIARY STAFF PERFORMS ADMINISTRATIVE WORK WITHOUT BEING ASSIGNED TO A POST INCLUDED IN THE SAID LIST .