Judgment No. 1613
1. The decisions of 19 December 1995 by the Secretary-General of EFTA are set aside.
2. The cases are referred to the Association for new decisions on the complainants' claims.
3. The Association shall pay them a total of 10,000 Swiss francs in costs.
4. Their other claims are dismissed.
The complainant's internal appeal was late. But EFTA itself admits to mistakes in the numbering of the provisions to which the regulations refer, "and they may well have misled the complainants." The Association set up no advisory board, though Staff Regulation 40 provided for one, and the deputy Secretary-General himself told the complainants that in the absence of a recommendation from the Advisory Board they might go to the Tribunal. "All things considered, the complaints must be declared receivable."
Organization rules reference: EFTA STAFF REGULATION 40
complaint; complaint allowed; complaint allowed in part; receivability of the complaint; internal appeals body; direct appeal to tribunal; internal appeal; internal remedies exhausted; time limit; exception; decision quashed; case sent back to organisation; staff regulations and rules; executive head; acceptance
"As a rule any item disclosed by one of the parties to judicial proceedings in support of its case must go to the other."
complaint allowed; complaint allowed in part; decision quashed; case sent back to organisation; submissions; general principle; adversarial proceedings