ECJ Officials – application – subject-matter – measure coming within the power of internal organization – admissibility – conditions
(Staff Regulations of officials, articles 5, 7, 91)
A measure coming within the power of internal organization of an institution can be actionable under article 91 of the staff regulations only if it adversely affected the rights which the person concerned has under articles 5 and 7 of those regulations, especially by requiring him to carry out duties which do not correspond to his post and grade.
For such to be the case, it is not sufficient that the said measures should bring about a change or even any reduction in the responsibilities of the person concerned, but it is necessary that, taken together, his remaining responsibilities should fall clearly short of those corresponding to his grade and post, taking account of their character, their importance and their scope.
C-66/75,  EUECJ C-66/75
Updated: 21 May 2022; Ref: scu.132294