The second trial in the lower administrative court deemed the police officers' claims as justified and annulled Etienne Schneider's decision of February 2017. Now, the case will return to his successor, Francois Bausch.
The first plaintiff was nominated brigadier in 1998, then police inspector in 2001. The second plaintiff became a brigadier in 1997 and was promoted to police inspector in 2000. Currently and at the time of the dispute, both plaintiffs were placed outside of the force.
The two plaintiffs had requested to join the force at grade P7 (now F7) as chief commissioners in November 2016. Schneider rejected the requests in February 2017, claiming both had to wait until such a role became available. Schneider additionally claimed neither had the adequate experience to be named chief commissioners, as they lacked the requisite 20 years of seniority.
The two police officers took the issue to the lower administrative court in May 2017, but the court dismissed their claims in August, leading to the plaintiffs to appeal the decision in October.
In the second trial, the judges ruled that the situation of the two officers, placed outside of the force, no longer applied due to new legislation. The judges also ruled that the plaintiffs had more seniority compared to colleagues that had remained in the force and this should be reflected in their careers.
The minister's decision was thus annulled due to violating the relevant legislation. Both police officers received €1,000 in damages and a promotion to grade F7 retroactively on 1 March 2017 for the one police officer, and 1 March 2018 for the other.
