Opinion of Mr Advocate General Lenz

Mr President,

Members of the Court,

The staff case to be dealt with today deals essentially with the question of whether the seniority of an official who was previously a member of the temporary staff is to be calculated according to the rules laid down in the Staff Regulations on promotion or according to the provisions on recruitment.

A —. The applicant, Angel Angelidis, is a Greek national born in 1946. His occupational background may be summarized as follows:

B —. My view on those claims is as follows.

1. The first claim

2. The remaining claims

C —. In conclusion, I propose therefore that the classification of the applicant in Step 1 of Grade A 5 effected by the Commission's decisions of 4 May and 14 December 1982 be annulled and that the defendant be ordered to define afresh the applicant's step classification in the light of the second paragraph of Article 32 of the Staff Regulations and the Commission Decision of 1973 on the Criteria applicable to Grade and Step Classification upon Recruitment. The defendant should in addition be ordered to pay the costs.

1 Translated from the German.

2 Judgment of 1 December 1983, Case 190/82 Adam Blomefield v Commission of the European Communities [1983] ECR 3981; Judgment of 1 December 1983, Case 343/82 Christos Michael v Commission of the. European Communities [1983] ECR 4023; Judgment of 29 March 1984, Case 25/83 Adam Buick v Commission of the European Communities [19841 ECR 1773;

3 Judgment of 5 December 1974, Case 175/73 Claudette Van Belle v Council of the European Communities [1974] ECR 1361.

4 Judgment of 6 October 1982, Case 9/81 Calvin Williami v Court of Auditon o) the European Communities [1982] ECR 3301.

5 Judgment of 9 December 1982, Case 191/81 Onno Plug v Commission of the European Communities [1982] ECR 4229.