Judgment No. 1675

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 29.01.1998
• Original: French
• Judges: Ba, Gentot, Egli
• Full judgment text - Full judgment text (french)

Decision

1. The Director General's decision of 31 July 1996 dismissing the complainant is set aside and the case is sent back to Eurocontrol so that the procedure may be properly followed.
2. Eurocontrol shall grant her full pay, as set out under 9, in material damages.
3. It shall pay her 30,000 Belgian francs in moral damages.
4. It shall pay her 100,000 Belgian francs in costs.

Consideration 6

Extract:

"[The Organisation] pleads that the hearing of witnesses by the Disciplinary Board need not be adversarial and that the inquiry will be if the Board hears witnesses called by both sides. the plea is mistaken. An inquiry will be adversarial only if the parties attend, or have at least been duly invited to attend, the hearing of witnesses."

Reference(s)

Organization rules reference: RULE NO. 12 OF THE EUROCONTROL STAFF REGULATIONS

Keywords

testimony; inquiry; adversarial proceedings; right to reply; disciplinary procedure; procedural flaw; investigation