Cancellation of the promotion of an official who was seconded and subsequently transferred

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  • Case: 0683/2010/(KRK)OV
    Opened on 11 May 2010 - Decision on 24 Feb 2012
  • Institution(s) concerned: European Commission
  • Field(s) of law: General, financial and institutional matters
  • Types of maladministration alleged – (i) breach of, or (ii) breach of duties relating to: Lawfulness (incorrect application of substantive and/or procedural rules) [Article 4 ECGAB]
  • Subject matter(s): Administration and Staff Regulations
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Summary of the decision on complaint 683/2010/(KRK)OV against the European Commission

The complaint concerns a staff dispute about a promotion. The complainant was "seconded" from the Council of the EU to the Commission in 2004. However, due to an IT error, the Commission treated him as if he were a "transferred official". In December 2008, the Commission promoted the complainant. However, when it realised that the promotion was based on promotion points accumulated by the complainant as a "seconded" and not as a "transferred official", the promotion was cancelled. (As a "seconded official" he would, for promotion purposes, remain under the responsibility of the Council, whereas as a "transferred official", he would fall under the responsibility of the Commission). In his complaint to the Ombudsman, the complainant alleged that the Commission had acted wrongly by cancelling his promotion.

The Ombudsman made a proposal for a friendly solution to the Commission that it reconsider the cancellation of the complainant's promotion. The Commission agreed that the IT mistake constituted the basis of the complaint and that it could have handled the complainant's request for a transfer more swiftly. The Commission consequently proposed to promote the complainant. A friendly solution was thus achieved and the Ombudsman closed the case.