Judgment No. 217
THE COMPLAINT IS DISMISSED.
The 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
"At the time of his recruitment and on 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 Regulations [...] Consequently, 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; staff regulations and rules; amendment to the rules; provision; terms of appointment
According to the texts bonuses which take account of previous experience form part of the terms of appointment. The complainant was confirmed before the new provisions came into effect. He cannot therefore claim benefit under these new regulations. "He could only do so if that article was retroactive to the date at which the complainant was recruited, which is not the case."
non-retroactivity; staff regulations and rules; amendment to the rules; provision; terms of appointment; increment; professional experience; seniority