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Judgment No. 1054

Decision

1. THE EUROPEAN ORGANIZATION FOR NUCLEAR RESEARCH SHALL PAY MR. CHAINTREUIL, MR. CHETCUTI, MR. DEROSIAUX AND MR. THEROND 1,000 SWISS FRANCS EACH IN DAMAGES FOR THE INJURY CAUSED BY THE DECISION EACH OF THEM IMPUGNS.
2. EACH OF THE COMPLAINANTS, INCLUDING MRS. GOMINET, IS AWARDED 1,000 SWISS FRANCS IN COSTS.

Consideration 21

Extract:

"The staff member needs to know the grounds for the decision* so that he can defend his rights and interests [...]. What is more, the reasons need to be known for the purposes of judicial review".
*The decision in question is the rejection of the complainants' applications for "early departure".

Keywords

duty to substantiate decision; grounds; retirement; early retirement; judicial review; purpose; refusal

Consideration 22

Extract:

"The substance of the obligation [to state the reasons for a decision] will vary with circumstances. iI will not be the same when the decision is general as when it is individual; when management has some degree of discretion as when its authority is circumscribed; when the decision may be adverse as when it is [...] intended to bestow a benefit."

Keywords

duty to substantiate decision; general decision; individual decision; discretion

Consideration 23

Extract:

"In these cases the burden of CERN's obligation was at its lightest since the benefits [the complainants were denied] of early departure were conferred ex gratia and the purpose of the scheme was to meet a need for structural reform which the organization is the sole judge of. Yet it did not discharge even that minimal obligation. And its omission is compounded by its failure to keep its explicit promise to give every unsuccessful applicant a written explanation".

Keywords

complaint allowed; duty to substantiate decision; grounds; promise; early retirement; refusal; material damages



 
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