37Secondly, the referring court observes that, under points 3 and 4 of Paragraph 169f(1) of the 2020 GehG, civil servants in respect of whom, following the submission of an application to that effect prior to the entry into force of the Second Law amending the rules relating to the civil service 2019, the reference date was recalculated taking into account the accreditable periods completed before the age of 18 and whose position in the remuneration scale was revised accordingly, are not eligible for the redetermination of that position provided for in Paragraph 169g of the 2020 GehG. By contrast, where civil servants have, as in the present case, submitted such applications and have also obtained the determination of a new reference date, but that has not yet had any effect on their position in the remuneration scale, those civil servants would henceforth be subject to Paragraph 169g of the 2020 GehG and would then run the risk of not benefiting, as in the present case, from any actual improvement in the reference date applicable to them and, therefore, in their position in the remuneration scale. According to the referring court, it is apparent from the case-law of the Court, in particular the judgment of 16 July 2020, État belge (Family reunification – Minor child) (C‑133/19, C‑136/19 and C‑137/19, EU:C:2020:577, paragraph 42 and the case-law cited), that it is not consistent with the principles of equal treatment and of legal certainty for the success of an application to depend on the speed with which it is processed or with which a decision is taken on an action, and therefore on circumstances not attributable to the applicant.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.