Union Syndicale helped three US members in AST 7 to take legal action. The Court of Justice has now ruled in our favour, providing clarification for staff across all EU institutions. This newsletter presents a recent judgment by which the Court has annulled a non-promotion decision of the Council. The Council erred in law when relying on an alleged discretion to reduce the number of vacant posts (i.e. opportunities for promotion) in the promotion exercise. That number actually is to be calculated on the basis of the Staff Regulations as a fixed percentage of staff in active employment at a certain point of time – the so-called “multiplication rates”. Apart from this, the multiplication rates can also be used to determine the average duration of a career in a given grade.
