This is TikiWiki CMS/Groupware v1.9.11 -Sirius- © 2002–2008 by the Tiki community Fri 17 of Nov, 2017 [21:20 UTC]
Menu
Last actions

Flash Report of Appeal Hearing Centeno versus Commission in Court of Justice

Reform
Legal Cases
print
Flash Report of Appeal Hearing Centeno 'v' Commission in Court of Justice


19th June 2008

The Appeal took place in the deuxieme chambre from 09.30 till 11.00, with Judge Timmermans in the chair of a panel of 5 judges and the Advocate General Mrs Sharpston present.

The overall impression of the hearing was positive with pertinent questions being submitted by the Judges and the Advocate General.

The Advocate General will issue an opinion on 4th September at 09:30 in a public audience in the Court. There is no fixed date for the judgement, but it is likely to be some months after the opinion of the Advocate General. The judgment may or may not follow the opinion of the AG, mostly they do but not always.

The Appellants, the Commission and the Council were represented. Each side was given the opportunity to present their case.

Levi highlighted several points including:

- laureates on a reserve list have no right to recruitment, but if recruited then they have an acquired right to be placed at the grade specified in the competition notice

- the date of the entry into force of a general amendment to the staff regulation can be discriminatory in itself unless it is objectively justified

- in the interests of efficiency of the Court, the Appellants presented their original case as a series of individual personal stories. The judgement took no account of individual circumstances and the Appellants should not be penalised for having introduced one case instead of 17. The judgement was therefore too general.

The Commission's response included:

- that being on a laureate list gives no right to recruitment (this has never been contested).

- there has been no unequal treatment, since there were new rules in force as of 1 May 04. The rules change over time and this is not contrary to the rules on equal treatment and therefore there was no age discrimination

- On legitimate expectations, the Commission argued that the appellants points are factual and not part of this appeal.

The Council

- argued being on a list infers no rights

- argued that the appellants should be happy that the Commission decided to extend the duration of the reserve lists, otherwise they wouldn't have been recruited at all

- the notice of competition sets the grade, but if a Regulation changes the framework then the notice of competition is no longer valid

- laureates from same competition are not one group and there is no obligation to treat them in the same way

Questions from the judges included:

- What rights does a person have if their name appears on a reserve list? The Commission responded with a complicated explanation - the result of which was that a person has no rights just a vocation to be nominated as an official

Advocate General:

- asked the Commission how the principle of equal treatment was preserved by recruiting persons from the same list at different grades as nothing distinguishes the people from the same reserve list who were offered a job before 1st May and those after, apart from luck". The Commission's responded that the legislator can change the staff regulations in the interests of the service.

Created by: admin last modification: Friday 11 of July, 2008 [12:42:09 UTC] by admin

wiki page: Compromising 01 · Roth Behrent DE 01 · Roth Behrent EN 01 · Roth Behrent FR 01 · Staff Budget 01 · CoA Ref 01 · Public Sector Enemy Number One? · Spy 1 · Eating Your Own Words · Ministry of Truth · Incredible Statistics 01 · Art 27 02 · Art 27 03 · Art 27 04 · Art 27 01 · Deform 01 · Reform Evil_01 · Two Xeform Two · G2004 01 · Financial Crisis Light tunnel 01 · Nej till nedskärningar i EU anställdas arbetstillfällen, förmåner, pensioner och hälsovård · SID au sujet du compte-rendu de l'état de l'Union en 2011 donnée par Président José Manuel Durão à Strasbourg · Negotiations Hallucinations 01 · heart full o gratitude 01 · Bild kontra SID · bild01 · Adaptation des rémunérations : le Conseil a violé le Statut Luttons ensemble pour le respect de la légalité · SID on president José Manuel Durão Barroso's State of the Union Address 2011 speech in Strasbourg · Public Sector Strike in the UK on 30 June 2011 and EU Officials Strike in Brussels on 29 June 2011 · X02 ShipWrecked 02 · ShipoWrecked 01 · Reform 02 · Same Job but at Half Salary · SID questions Commission proposal to reform once again the EU Staff Regulations · Bad News from Commission · X01 01 · Charte Européenne des Droits fondamentaux : Dernière forteresse de l'espérance ? · Staff General Assembly in support to the Contract Agents · Clinging to EU charter of Fundamental Rights as the best bastion of hope · Budget Line 26 01 02 11 · Less money on the table for our next METHOD · All you ever wanted to know about SID · Social dialogue and the Framework Agreement · No to Economic Cannibalism Yes to Social Democracy and Co-decision · articles 64 and 65 · Annex XI · ELECTION DES REPRESENTANTS DU PERSONNEL SALARIE OGBL · EDL contre la commission · Do It Yourself Democracy Behind Closed Doors · Wellbeing politics · Was halten Sie von der Kinnock Reform · The Holmquist Report and Where it Came from and Where it Should Go · The Reform From Empty Promises to Empty Pockets · The CDR- the Ultimatum and the Referendum · Local Workers Teachers and Phantoms · L arriere plan du cas Centeno · Kallas CDR reform · Flash Report of Appeal Hearing Centeno versus Commission in Court of Justice · EDL and ODL Staff · Downgrading the Commission staff · Do you remember that 2000 Jobs were to go in 2006 · CDR COMPASS SCOP and the unfortunate Officials · Background to the CENTENO case · Will it solve your promotion problems · Le REC de Kallas pas une potion magique · Is Admins Monologue even vaguely democratic · Die CDR- das Ultimatum und das Referendum · CDR in Hungarian ·

Current events
Powered by Tikiwiki Powered by PHP Powered by Smarty Powered by ADOdb Made with CSS Powered by RDF
RSS Wiki RSS Maps rss Calendars
Powered by Tikiwiki CMS/Groupware | Installed by SimpleScripts