Keywords
Summary

Keywords

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1 Officials - Promotion - Minimum period in grade - Calculation - Starting point - Establishment - Member of the temporary staff appointed an official - Immaterial

(Staff Regulations, Art. 45(1))

2 Officials - Promotion - Assurances - Disregard of the provisions of the Staff Regulations - Legitimate expectations - None

(Staff Regulations, Art. 45(1))

3 Officials - Equality of treatment - Limits - Advantage unlawfully granted

Summary

1 It follows from Article 45 of the Staff Regulations that in the case of an official' s first promotion after recruitment the minimum period which he must complete in his grade in order to be eligible for promotion is calculated from the date of his establishment.

There is no provision in the Staff Regulations which allows the period during which an official, before his appointment, was employed by his institution as a member of the temporary staff to be taken into account for the purposes of that minimum period in grade even if, when he was employed as a member of the temporary staff, he was eligible, as a successful candidate in a competition, to be appointed an official.

2 Assurances that are given, without regard to the relevant provisions of the Staff Regulations, to the effect that, for the purposes of promotion, the period during which an official was employed by his institution as a member of the temporary staff would be taken into consideration cannot give rise to legitimate expectations on the part of the official.

3 An official cannot rely on the principle of equality of treatment to claim the benefit of a practice contrary to the provisions of the Staff Regulations since no person may plead in his own cause an unlawful act committed in favour of another.