Opinion of Mr Advocate General Lenz

Mr President,

Members of the Court,

The question in this staff case is whether an official's appointment to the next grade of a higher career bracket after successful participation in an open competition is governed by Article 45 et seq. of the Staff Regulations, which deal with promotion, or by the rules on recruitment laid down in Article 31 et seq. of those regulations.

A —. The facts of the case, the details of which are to be found in the Report for the Hearing, may be summarized as follows :

B —. My views on her claims are as follows :

C —. In conclusion, I propose that the application should be dismissed and that, in accordance with Article 69 (2) and Article 70 of the Rules of Procedure, the parties should be ordered to bear their own costs.

1 Translated from the German.

2 Judgment of 12. 7. 1973 in Case 28/72, Leandro Tontodonati v Commission of the European Communities, [1973] ECR 779; Judgment of 6. 10. 1982 in Case 9/81, Calvin Williams v Court of Auditors of the European Communities, [1982] ECR 3301; Judgment of 1. 12. 1983 in Case 190/82, Adam Blomefield v Commission of the European Communities, [1983] ECR.3981; Judgment of 1. 12. 1983 in Case 343/82, Christos Michael v Commission of the European Communities, [1983] ECR 4023.

3 Opinion of 21. 6. 1984 in Case 17/83, Angel Angelidis v Commission of the European Communities, [1984] ECR 2923.

4 Opinion of 21. 6. 1984 in Case 17/83, Angel Angelidis v Commission of the European Communities, [1984] ECR 2923.