Refusal Indexation Salaries 2009: need for everyone to introduce a claim? R&D does not share this view

On 22 January the Commission introduced an appeal for annulment.

The Council Regulation of December 23, 2009 on the basis of which decisions on regularization (for the July to December 2009 period) and adaptation of our salaries or pensions (from January 2010) are based is subject to a court action for annulment which was introduced on January 22 by the Commission.

The Council has in effect rejected the proposal for the adjustment of salaries, pensions and coefficient correctors of the Commission established in accordance with statutory provisions. The Council had no right, for a matter dealing only with the implementation of statutory provisions relating to the adjustment of salaries and pensions, to call into question the method for this purpose as laid down in Annex XI of the Staff Regulations.

Need for everyone to introduce a claim? R&D chose to demand the Commission’s commitment instead…

Many alarming messages were sent to staff insisting on the necessity for everyone to introduce an individual appeal against the decisions taken in implementation of the Council Regulation of December 23, 2009, as reflected in the pay slip of December 29, 2009.  R&D instead chose to request from the Commission a clear commitment to apply the same solution to all concerned to ensure that those who have not introduced appeals against these decisions will benefit from the effects of judgments of the Court or the Tribunal.

Such claims will be necessarily dismissed as the court will not annul the Council Regulation issue

Faced with such appeals for annulment the Civil Service Tribunal will simply suspend all cases pending the decision of the Court of Justice it is required to apply.

Some, however, argued that the introduction of an appeal was even more essential given that the outcome depends on the main case Commission v Council and staff would have no guarantee that the Commission will maintain its court action.

R&D does not share this view

The relevant statutory provisions must be applied to all staff without distinguishing between those who had or hadnot lodged a complaint and appeal.

Following a request for a commitment to extend all benefits of a possible case of annulment which R&D had addressed to Ms. Souka, Director General of DG HR, staff was informed last March 18 that :

“(…) such an annulment and the results of its implementation would lead to a new Regulation, which would necessarily apply to all officials, agents and retired staff of the EU Institutions.
(…) In the present state of things, the proliferation of litigation proceedings and litigation, caused by the introduction of claims and / or appeal, will bring no benefit either to the proceedings before the Court of Justice nor the claimants , which will not necessarily treated better than the rest of the staff who would not submit such a claim.

This is a clear and accurate assurance on behalf of the Commission, as we had requested, that all staff will be treated the same way regardless of whether they have lodged a complaint or not.

What if the Commission withdraws its law suit…?

Assuming that the Commission withdraws its application, the staff, having been deterred from lodging a complaint, could justify the admissibility of a subsequent claim in accordance with Community law, citing an “excusable error.”

Finally, for the Commission’s commitment is not open to interpretation, we ask the Director of DG HR to confirm that the effects of any decision in Commission v Council or in any other case, the Court or the Court, accepting a plea of unlawful regulation December 23, 2009 or cancellation, shall be extended to all staff, such as implied in the message to everybody of 18 March.

We will keep you informed of the further developments of this case.

R&D – the responsible trade union

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