C-279/85
ECLI:EU:C:1987:273
- Súd
- Súdny dvor Európskej únie
- IČS
- 61985CC0279
- Zdroj
- eur-lex.europa.eu ↗
MISSET v COUNCIL
OPINION OF MR ADVOCATE GENERAL MISCHO delivered on 11 June 1987'"''
Mr President, and vice versa. My task is simply to give my Members of the Court, opinion on the question whether it is legally possible, under the Staff Regulations as they now stand, to make such appointments without a competition.
The action brought by Mr R. Misset, a translator in Grade LA 7 in the General Secretariat of the Council, once again raises In my opinion the arguments put forward the question whether officials belonging to by the applicant and the interveners add no the Language Service of the Communities really new factor to those which the (holders of an LA post) may be transferred Commission put forward in support of the to a post in the same grade in Category A same claim in Joined Cases 269 and 292/84. without taking part in a competition.
The interveners do give a detailed description of the circumstances in which the words 'transferred from one service to Mr Misset and the 15 members of the another' were introduced into the text of Council's Translation Department who have Article 45 (2). They infer from that intervened in support of his application historical summary that the requirement of a consider in particular that Article 45 (2) of competition for linguists (let us not forget the Staff Regulations presents no obstacle to that there is a corresponding obligation for such a transfer. officials in Category A wishing to become linguists) is only a practice which has no basis in the Staff Regulations and is moreover inconsistent with them.
As I have already stated in the Opinion which I delivered on 11 June 1986 in Joined That opinion is however contradicted both Cases 269 and 292/84 Fabbro, Giuffrida, by the definitive wording of Article 45 itself Herbin and Scharf v Commission, ' it is not and by various other provisions of the Staff for me to assess the expediency of intro- Regulations concerning the career and ducing greater mobility within the European situation of officials which, according to the Civil Service by, in particular, facilitating judgment given by the Court on 21 October the transfer of officials from the Language 1986 in the abovementioned cases, are based Service to posts of a non-linguistic nature on 'a systematic distinction between category and service'. The Court also held * Translated from the French. 1 — Joined Cases 269 and 292/84 C. Fabbro and Others v in that judgment that the 'argument that the Commission [1986] ECR 2983. effects of an official's being assigned to a
OPINION OF MR MISCHO —CASE 279/85
service are neutralized by the consequences Finally, it held that Article 45 (2) of the under the Staff Regulations of his belonging Staff Regulations 'allows the administration to a category has no basis in the Staff Regu- no discretion to act differently", that is to lations'. say, other than by way of a competition.
In those circumstances I can propose only that the Court confirm the interpre- tation of the Staff Regulations given in that judgment (essentially the same inter- pretation which I proposed in my Opinion of 11 June 1986) and dismiss the present application as unfounded.
With regard to costs, pursuant to Article 69 (2) of the Rules of Procedure the unsuccessful party is to be ordered to pay the costs.
However, under Article 70 of the Rules of Procedure the institutions are to bear their own costs in proceedings brought by servants of the Communities.
The parties to the present action, including the interveners, must therefore bear their own costs.