Pinto Teixeira v Commission: ECFI 27 Mar 1990

ECJ The special and temporary measures laid down in Regulation No 3517/85 for the recruitment of Spanish and Portuguese nationals upon the accession of Spain and Portugal and by Regulation No 3018/87 for the recruitment of overseas staff of the European Association for Cooperation were adopted for two specific purposes and thus constitute two independent sets of rules.
It follows that an official recruited on the basis of the special and temporary measures for recruitment laid down by either of those regulations may not claim the benefit, in whole or in part, of the special and temporary measures for recruitment laid down by the other regulation.
The European Association for Cooperation is an association governed by Belgian law and cannot, therefore, be regarded as an administrative unit of the Commission.
It follows that the engagement and appointment by the Commission of a member of the overseas staff of the Association constitutes recruitment from outside the institutions and that the Commission cannot, therefore, be under any obligation to verify and, if necessary, modify that person’ s classification with the Association on the basis of which he or she was classified on recruitment as an official of the European Communities.


T-62/89, [1990] EUECJ T-62/89




Regulation No 3517/85


Updated: 06 June 2022; Ref: scu.172348