Traduction de «Test de classement Q » (Français → Anglais) :

Consequently, the claim for annulment of the decision rejecting the complaint lacks any independent content and the action must be regarded as being directed against the decision contained in the applicant’s contract of employment of 1 April 2013 to recruit him at grade AD 5 (‘the contested grading decision’), the reasons for which are clarified by the decision of 28 October 2013 rejecting the complaint (see, to that effect, judgments in Eveillard v Commission, T‑258/01, EU:T:2004:177, paragraphs 31 and 32, and Buxton v Parliament, F‑50/11, EU:F:2012:51, paragraph 21).

In the present case, it is settled that the decision rejecting the complaint does not contain a re-examination of the applicant’s situation in the light of new elements of law or of fact, but upholds the decision to recruit the applicant at grade AD 5, step 2, as contained in the applicant’s contract of employment, and is confined to addressing the claims and arguments put forward by the applicant and providing some clarification regarding the grounds for that grading decision.

the provisions of Article 28 of the proposal should clearly state that after the dismissal by the European Public Prosecutor of a case relating to minor offences, the national prosecution authorities are not prevented from further investigating and prosecuting the case should they be allowed to under their national laws; and that where a lack of relevant evidence cannot be foreseeably be remedied by further proportionate investigative steps dismissal is mandatory; in addition, the existence of mandatory dismissal grounds should be checked for as soon as possible in the course of the investigation, and dismissal should follow without un ...[+++]due delay upon the finding that one of the mandatory grounds applies;

(viii)the provisions of Article 28 of the proposal should clearly state that after the dismissal by the European Public Prosecutor of a case relating to minor offences, the national prosecution authorities are not prevented from further investigating and prosecuting the case should they be allowed to under their national laws; and that where a lack of relevant evidence cannot be foreseeably be remedied by further proportionate investigative steps dismissal is mandatory; in addition, the existence of mandatory dismissal grounds should be checked for as soon as possible in the course of the investigation, and dismissal should follow with ...[+++]out undue delay upon the finding that one of the mandatory grounds applies;

· the distinction between withdrawing from an election and withdrawing from a position on a list is illogical, since election is an effect of a position on a list, hence withdrawal from an election entails removal of the individual concerned from the list and whatever effects may follow;

Above all, it would be an outrage if Member States which have set up a screening programme based on tests far stricter than the Community programme were to be penalised, in terms of classification with regard to BSE-related risks, in comparison with States which have confined themselves to the minimum Community programme.