Gustav Wonnerth v Commission of the European Communities (Judgment): ECJ 10 Dec 1969

Europa Officials – recruitment – rationalization of the administration following the merger treaty – voluntary transfer to a post corresponding to career bracket immediately below that applicable to grade – nature – priority right of the official concerned to be transferred to any post corresponding to his grade – guarantees – suitability of candidates having priority -consideration – statement of reasons – duties of the administration -reference to the merits of candidates not entitled to priority not permissible. (Regulation no 259/68 of the council, article 8)
The voluntary acceptance by certain servants of transfer under article 8(1) of regulation no 259/68 constitutes an essentially temporary measure which is justified by the short-term requirements of the service following the merger of the executives and cannot be prolonged to the detriment of the official concerned. In view of the quite exceptional and temporary nature of such transfer and in order not to disregard the obligations arising under article 8(2), it is necessary to provide the officials concerned with strict guarantees regarding their priority right. The implementation of such guarantees requires that the suitability of the candidates having priority be considered independently of any reference to the possible merits of those who have no such right. A consideration of the suitability of these candidates must be based on concrete factors which are capable of review; these factors must appear in the minutes of the commission.


C-12/69, [1969] EUECJ C-12/69




Updated: 20 May 2022; Ref: scu.131995