ECJ Officials – staff regulations – conditions of employment of other servants – distinct fields of application – appointment of member of the local staff as probationary official – end of previous employment relationships
The staff regulations and the conditions of employment of other servants each cover a clearly defined range of persons and it is not possible, except where there is an express derogation, for a servant to come simultaneously within the scope of both of those acts laid down by regulation.
It follows from those considerations that a member of the local staff who accepts an appointment as a probationary official is subject to the staff regulations alone, the application of which automatically terminates the relationship formerly governed by the conditions of employment of other servants without its being necessary for the employment relationships thereunder to be terminated expressly by the administration.
Citations:
R-105/80, [1981] EUECJ R-105/80
Links:
European
Updated: 21 June 2022; Ref: scu.214992