Williams v Court of Auditors: ECJ 6 Oct 1982

1. The implementation of a general decision based on new criteria for the classification of new staff recruited to the department, which entails inequalities of treatment for officials oppointed at an earlier stage, entitles those officials to call for a review of their administrative status with a view to their obtaining an appropriate alteration of their classification on the ground that the emergence of that new development is such as to affect them adversely.
2. Article 5(3) of the staff regulations, expressing as it does the principle of equality of treatment as between officials of the same category or in the same department, is of central importance to the legal provisions governing employees of the european communities. That principle underlies the staff regulations, and in particular article 46, which applies to the award of a higher step upon promotion in cases where careers are organized in a consistent manner from the outset. In a case where a community institution has prescribed for the new officials recruited from outside the communities independent rules for classification which do not exist in that form in other community institutions, with the result that the careers of the new officials, on the one hand, and of those transferred from other institutions, on the other, are not organized in a consistent manner, it is not entitled, to rely, in the case of officials transferred from other institutions, upon article 46 of the staff regulations in order to justify the alleged difference between their status and that of the newly-recruited officials from outside the communities.


C-9/81, [1982] EUECJ C-9/81




Updated: 21 May 2022; Ref: scu.133169