Judgment No. 1669
1. The impugned decision of 19 January 1996 is set aside insofar as it took effect at 28 February 1995.
2. The case is sent back to the Council so that it may pay the complainant his entitlements in accordance with this judgment.
3. It shall pay him 100,000 Belgian francs in costs.
4. His other claims are dismissed.
CONSIDERATIONS 17 AND 18
"ONE PRINCIPLE OF INTERNATIONAL CIVIL SERVICE LAW IS THAT A DECISION ON A STAFF MEMBER'S STATUS MAY NOT WORK TO HIS DETRIMENT BEFORE THE DATE AT WHICH HE HAD NOTICE OF IT. [...] THE GRANT OF AN INVALIDITY PENSION DOES NOT EMPOWER THE ORGANISATION TO MAKE THE TERMINATION RETROACTIVE AS FROM THE DATE SET FOR THE START OF PAYMENT AND TO DISREGARD THE REQUIREMENT OF NOTICE IN THE RULES [...] HERE THE COUNCIL FAILED TO OBSERVE THE RULES."
complaint allowed; complaint allowed in part; decision; date of notification; decision quashed; case sent back to organisation; international civil service principles; non-retroactivity; termination; notice; disability benefit; incapacity; effect