C-15/63

JUDGMENT OF THE COURT 4 MARCH 1964

Claude Lassalle v European Parliament

Case 15/63

Summary

1. Officials — Promotion and notice of vacancy — Existence of a legal connexion

(Staff Regulations, Articles 27 and 45)

function­ since the conditions of eligibility for connected with the proper

the post contained in the notice are ing of the service. capable of determining which offi­

cials are eligible for promotion. However, it is not incompatible with Therefore, the legality of the notice these requirements or with the pro­

of vacancy may also be considered in hibition of discrimination on the

relation to Article 45 of the Staff grounds of nationality that, where

Regulations. the qualifications of the various can­

Luxembourg at 13 rue de Vianden,

applicant,

v

European Parliament , represented by its Secretary-General, Hans Robert Nord, acting as Agent, assisted by Alex Bonn of the Luxembourg Bar, with an address for service in Luxembourg at the Chambers of Alex Bonn, 22 Côte-d'Eich,

defendant,

Application for annulment of the decision of 1 February 1963 of the Secretar­ iat of the Parliament entitled 'Notice of Vacancy No 44 at the Directorate- Division' General Parliamentary Documentation and Information of the

gives the following

JUDGMENT

Issues of fact and of law

I — Facts to the examination by the Administra­ tion of the possibilities of promotion or

The facts may be summarized as fol ws: transfer of officials in the Secretariat.

Among the qualifications and attain­

LASSALLE v PARLIAMENT

By Order of 13 March 1963, the Presi­ 1. As to the admissibility of the application dentof the Court, hearing an applica­

tion to suspend the operation of this The defendant raises no objection as to

notice made by the applicant, ruled that the admissibility of the application. It the European Parliament should refrain emphasizes, however, that the author of from taking any steps to fill the vacancy the contested decision was not the

in question until the Court had given Secretariat of the Parliament but the

judgment on the merits of the applica­ Parliament Office and that therefore

contends that the Court should: graphical basis from among nationals of 'Take note that the defendant does not Member States of the Communities. In intend to contest the admissibility of the accordance with this rule, on the restruc­ ap licaton; Dismiss the turing of the organization of personnel applicant 's offers of proof following the introduction of'the new and, consequently, the application as Staff Regulations in June 1962, the unfounded in all respects; Office decided to allocate certain posts Order costs to be paid in accordance on the grounds of nationality in order to with the relevant provisions.' distri­ ensure a proper geographical

bution. This in no way means that the

III — Submissions and arguments Parliament intends henceforth to reserve of the parties the post in question for an Italian; the defendant accepts the applicant's con­

The submissions and arguments of the tention that re-establishment of a bal­

parties may be summarized as follows: ance of nationalities must normally be

JUDGMENT OF 4.3.64 — CASE 15/63

phasizes that a fair balance of nationali­ terms of this provision, in particular that ties was a necessary basis for the applica­ its servants should be recruited on the

tion of these principles and, in order to broadest possible geographical basis. establish this basis which gives equal Therefore, the question whether a can­

opportunities to all nationalities, the didate fulfilled the requirements for Office decided on the national distribu­ promotion could not be raised at this

tion criticized by the applicant. stage of the proceedings. Only after the The applicant contends that these sub­ qualifications and requirements for this missions have no value in law since it is post had been determined could the 'normally' not only that the balance of appointment procedure laid down in nationalities must be ensured by re­ Article 29 be commenced. Under this

cruitment at the starting grade but that procedure the appointing authority it is a legal obligation which must be must first consider 'whether the post can observed in every case. The law may not be filled by promotion or transfer within be disregarded for reasons of expe­ the institutions'. diency. Misuse of powers as regards the appli­

cant would only exist if this requirement (b) On the ground of complaint based on of geographical distribution had been Article 45 of the Staff Regulations introduced in order to frustrate the

promotion. Although promotion is ex­ procedure relates only to the starting clusively by selection, Article 45 of the grades of each category.

Staff Regulations limits arbitrary action The defendant replies that Article 31 (2) by the administration by requiring lays down important exceptions to the

'consideration of the comparative merits principle referred to by the applicant.

of the officials eligible for promotion and of the reports on them'. This considera­ (c) On the ground of complaint based on

tion is made impossible by the prior Article 27 of the Staff Regulations reservation of a post for a specific

nationality. The applicant emphasizes that, according The defendant contends that this sub­ to the third paragraph of Article 27 mission does not fall within the ambit of of the Staff Regulations, no posts shall

prior reservation of a particular post for ponsible for the most serious breach of its the nationals of a specific Member obligations under the Staff Regulations, State. A balance of nationalities is only in contrary to the provisions that, of

admissible if it is achieved in the starting Article 7 ('­ solely in the interests … of

grade of each category. the service and without regard to

The defendant contends that a different nationality …') it had not considered

interpretation of Article 27 is possible: it the proposals put forward by the appli­

emphasizes that the obligation in the cant's two superiors —

Article 27 is not to secure for the institu­ fall within the ambit of the application

tion the highest individual standards in which concerns the conditions of re­

the officials recruited, but rather to cruitment of officials. That provision on allow the nationals of each Member the other hand deals with the assign­

State of the Community equal access to ment of officials to particular posts,

Community posts in proportion to the which takes place after recruitment.

size of the State concerned. The real Furthermore, the defendant observes

ECSC, the applicant considers that it motion) and the rules governing assign­

may be deduced that the authors of the ment, it is acting illegally. new Regulations intended by this new The defendant considers, however, that provision to put an end to former the procedure for filling a post may

deplorable practices. include various steps which are legally

separate, such as appointment, to which (d) On the of complaint based ground on the rule of distribution of posts on a

Article 7 of the Staff Regulations national basis is to apply, and assign­

ment, to which, as is laid down by The that the Sec­ Article 7, this rule must apply. applicant maintains never

tions must specify, where applicable, damages is therefore unjustified. The 'the knowledge of languages required in expenses incurred by the applicant in view of the special nature of the posts to making the application are included in be filled'. The applicant deduces a con­ the costs of the case.

trario from this provision that knowledge of a particular language cannot be IV — Procedure required if, as in this case, the nature of the post does not necessitate such know­ The procedure followed the normal

ledge. course.

The defendant considers, however, that By Order of 26 March 1963 the First Annex III do not Chamber of the Court referred the case the

provisions of

apply to the notice of vacancy. The to the Court in accordance with Article matter in dispute is governed only by 95 (2) of the Rules of Procedure. the provisions of Article 27 of the Staff By an application lodged at the Registry Regulations. on 21 June 1963, the Staff Committee

On admissibility

The application was made in due form and within the prescribed time-limits.

No objection has been raised by the defendant against the admissibility of the application and no grounds exist for the Court to raise the matter of its

own motion.

The application is therefore admissible.

LASSALLE v PARLIAMENT

does not fall within the ambit of the application, since the notice of vacancy is governed only by the provisions of Article 27.

This preliminary objection raised by the defendant must be dismissed.

Promotion, whilst constituting a process distinct from the notice of vacancy islegally connected to it, since the conditions of eligibility for the post contained in the notice are capable of determining which officials are

eligible for promotion.

The first question to be examined therefore is whether the notice of vacancy

may impose conditions of nationality.

JUDGMENT OF 4.3.64 — CASE 15/63

Although Article 27 refers to recruitment on the broadest possible geographi­

cal basis, the place which this reference occupies in the said Article and the wording used mean that it is a factor to be taken into consideration at a

later stage in order to secure the best possible geographical balance.

The interests of the service and regard for the eligibility of officials for the

career bracket in question would be compromised if the administration, in order to secure a geographical balance, could reserve a post for a specific nationality without such actions being justified on grounds connected with the proper functioning of the service.

Member State, prior to any consideration of the merits of the officials eligible for promotion according to Article 45 of the Staff Regulations.

Thus, if the officials interested in this post were not of the nationality re­

quired, they were automatically deprived of any opportunity of having their possible candidature considered.

In this case moreover it is not disputed that the limitation imposed by the

defendant on its powers of selection was not justified on the grounds of the proper functioning of the department responsible for the post in question.

Such a procedure contravenes the requirement that available posts should be filled by selecting officials of the highest standard of ability, efficiency and integrity.

having to remain in his present grade.

However, he cannot have suffered any damage from the application which he has made, in which his main claim is upheld.

Neither has the applicant any right to compensation for the fact of having to

remain in his present grade.

In fact, even if the contested notice of vacancy had made it possible for the applicant's candidature for the post in question to be considered, it would still not have been possible to specify a priori, even before the procedure laid down in Article 45 had been followed, the official to be selected.

Therefore, the conclusions of the applicant concerning the award of damages must be dismissed.

Upon hearing the parties; Upon hearing the opinion of the Advocate-Gnral;

Having regard to the Protocols on the Statutes of the Court of Justice

annexed Treaties establishing the European Coal and Steel Com­ to the

munity, the European Economic Community and the European Atomic

Energy Community; Having regard to Articles 7, 27, 29, 32, 45 and 91 of the Staff Regulations of officials of the European Coal and Steel Community, the European Economic

Community and the European Atomic Energy Community;

Parliament of 1 February 1963 headed 'Notice of Vacancy No 44 at the Directorate-General of the Parliamentary Documentation and Information Division';

2. Dismisses the applicant's request for the award of damages;

3. Orders the European Parliament to pay the costs.

Donner Hammes Trabucchi Delvaux Rossi Lecourt Strauß

Delivered in open court in Luxembourg on 4 March 1964.

A. Van Houtte A. M. Donner Registrar President

the defendant, show the importance of national body between the nationals of before im­ the the application you, an various countries which are mem­

portance which had been already shown bers of that body or which have estab­

by the attempted intervention of the lished it, so that its administration should Staff Committee which you were unable not seem to be the prerogative of one or

to allow on purely legal grounds. some of those countries, to ensure that

1 — Translated from the French.