Judgment No. 202
THE COMPLAINT IS DISMISSED.
Seniority bonuses are part of the terms of recruitment. Only by retroactive application of the new Staff Rules could the complainant be granted an additional bonus. But the new rules are not retroactive and the complainant's reliance on them is ill-founded.
non-retroactivity; staff regulations and rules; amendment to the rules; enforcement; provision; terms of appointment; increment; professional experience; seniority
"At the time of his recruitment and of the confirmation of his appointment [...] the complainant was subject to the former Staff Rules and was therefore in a different position from staff members recruited under the new Staff Rules [...] The complainant did not suffer unequal treatment in relation to staff members appointed later because he was not in the same position as they were."
equal treatment; non-retroactivity; staff regulations and rules; amendment to the rules; provision; terms of appointment
"That principle, [...] which would be applicable even in the absence of a specific provision, is intended to ensure that persons who are in similar circumstances in fact and in law are put on the same legal footing."
general principle; equal treatment; enforcement; no provision