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Judgment No. 1123

Decision

THE COMPLAINT IS DISMISSED.

Consideration 8

Extract:

"Article 65, which merely cites examples of circumstances warranting adjustment in pay, is not exhaustive. There may be adjustment for other reasons, whether they be peculiar to the organisation or attributable to outside factors." In the instant case the reasons Eurocontrol gave come within the ambit of the provision.

Reference(s)

Organization rules reference: ARTICLE 65 OF THE EUROCONTROL STAFF REGULATIONS

Keywords

grounds; staff regulations and rules; enforcement; analogy; provision; salary; adjustment; criteria

Consideration 5

Extract:

Officials of Eurocontrol do not have an acquired right to alignment of pay with the scales of the European Communities. The Tribunal observes that "there has never been anything but de facto alignment, and it has never been absolute anyway. Besides, even if it had been, the organisation made no express or implied commitment to continuing it. The practice has conferred no right on the staff to the continuance of parity."

Keywords

acquired right; practice; law of european communities; enforcement; salary

Dissenting opinion

Extract:

A dissenting opinion by Mr Pierre Pescatore is attached to the judgment.

Keywords

dissenting opinion

Considerations 7 and 8

Extract:

The complainant seeks the quashing of a 1.53 per cent "reduction" applied to his pay in pursuance of a decision by Eurocontrol's Permanent Commission to bring in a 5 per cent differential between pay in the European Communities and within the organisation. The Tribunal holds that "the objection that there has been no statement of the reasons is unsound: the staff have known all along the reasons for the adjustments, which have been fully discussed in the context of the cases. There was therefore no need to state reasons for the individual decisions [...]. The Tribunal may [not] review the reasons of policy underlying the general decision." Besides, the reasons fall within the ambit of Article 65.

Reference(s)

Organization rules reference: ARTICLE 65 OF THE EUROCONTROL STAFF REGULATIONS

Keywords

duty to substantiate decision; general decision; grounds; individual decision; competence of tribunal; salary; adjustment; judicial review; reduction

Consideration 13

Extract:

The Tribunal points out that, as it said in Judgment 986, it has only a limited power of review in respect of salary policy. It will declare whether the impugned decisions square with general principles, with the Staff Regulations and with the terms of the complainants' appointment. Those principles, which include that of trust, were complied with in the instant case.

Reference(s)

ILOAT Judgment(s): 986

Keywords

competence of tribunal; general principle; good faith; staff regulations and rules; enforcement; terms of appointment; salary; judicial review



 
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