Bleser v Court of Justice (Staff Regulations) French Text [2010] EUECJ -25/07 (14 December 2010)

Bleser v Court of Justice (Staff Regulations) French Text [2010] EUECJ -25/07 (14 December 2010)

The Tribunal held that the applicant's appointment and classification in grade were made in strict compliance with the applicable Staff Regulations, specifically the transitional provisions of Article 13(1) of Annex XIII, which lawfully determined the grade for appointments after the reform date. The applicant could...

Source-derived case information.

Citation
[2010] EUECJ -25/07
Parties
Applicant: Thomas Bleser; Respondent: Court of Justice of the European Union; Intervener: Council of the European Union
Jurisdiction
European Union
Procedural Posture
Staff Regulations Appeal / Judgment at First Instance
Outcome
application dismissed
Legal Topics
Staff Regulations, Recruitment and Appointment, Non Discrimination, Principle of Equality, Good Administration, Legal Certainty, Legitimate Expectation
European Union Law Employment Law Administrative Law Staff Regulations Recruitment and Appointment Non Discrimination Principle of Equality Good Administration +2 more

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Parties

Thomas Bleser

Applicant

Court of Justice of the European Union

Respondent

Council of the European Union

Intervener

Procedural Posture

Staff Regulations Appeal / Judgment at First Instance

  1. 1 Whether the applicant's classification in grade upon appointment violated the applicable staff regulations and principles of EU law
  2. 2 Whether the transitional provisions of the Staff Regulations were applied correctly
  3. 3 Whether there was discrimination based on age or experience

Ratio Decidendi

The Tribunal held that the applicant's appointment and classification in grade were made in strict compliance with the applicable Staff Regulations, specifically the transitional provisions of Article 13(1) of Annex XIII, which lawfully determined the grade for appointments after the reform date. The applicant could not rely on the competition notice or general principles to claim a higher grade, as the administration had no discretion to apply previous rules. No discrimination, breach of equality, or violation of other general principles was established. The claims for annulment, reconstitution of career, and damages were therefore rejected.

Court Disposition

application dismissed

Orders

  • The application is dismissed in its entirety.
  • Each party shall bear its own costs.