Judgment No. 1229

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 10.02.1993
• Original: French
• Judges: Carroll, Pescatore, Gentot
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Summary

Extract:

The complainant impugns the implied rejection which he infers from the organisation's silence on an internal complaint he logded against its refusal to take account of university degrees which he acquired while in the organisation's employ. Eurocontrol submits that the complaint is irreceivable on the grounds that a "complaint" may only be directed against an act adversely affecting an official. The Tribunal holds that "the complainant's letters to the Director General were mere statements of grievances that had no particular purpose" since he does not identify any duty towards him under the general conditions of employment that Eurocontrol may have failed to discharge there cannot have been any "act adversely affecting" him and for want of an appealable decision, even implied, his complaint is irreceivable.

Keywords

decision; absence of final decision; implied decision; failure to answer claim; receivability of the complaint; cause of action; career; degree