ECJ In view of the respective aims of the second paragraph of Article 32 and Article 46 of the Staff Regulations, the classification in step of an official moving from one category to another must be based on the principles laid down in Article 46 and not on those laid down in the second paragraph of Article 32 . Article 32 is intended in particular to enable the appointing authority to take into account, albeit within rather strict limits, training and professional experience acquired before a Community official takes up his duties, whereas the purpose of Article 46 is to ensure the greatest possible continuity regarding his seniority and salary as his career develops, even when he moves from one category or service to another on the basis of a competition.
It is, however, justifiable to depart from the application of Article 46 when the change of category or service occurs shortly after the official’ s entry into the service of the Communities and when the application of that article on appointment to the new post would not allow account to be taken of the training and the specific professional experience acquired prior to recruitment.
Citations:
C-47/87, [1988] EUECJ C-47/87
Links:
European
Updated: 23 May 2022; Ref: scu.134575
