Judgment No. 2089

• Organization: European Molecular Biology Laboratory (EMBL)
• Date: 30.01.2002
• Original: English
• Judges: Gentot, Carroll, Hugessen
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINTS ARE DISMISSED.

Consideration 2

Extract:

"The complaint attacks a decision [...] amending Article 36 of the [organisation]'s Pension Scheme rules. While the Tribunal cannot grant the claim for quashing that amended article and the complaint is, to that extent, irreceivable, the Tribunal will treat it as a complaint against the application of the amended article in breach of the complainants' acquired rights."

Reference(s)

Organization rules reference: ARTICLE 36 OF THE EMBL'S PENSION SCHEME RULES

Keywords

general decision; receivability of the complaint; competence of tribunal; acquired right; amendment to the rules; pension; impugned decision

Consideration 9

Extract:

From 1986 to 2000 the organisation followed the practice followed by the coordinated organizations in adjusting both salaries and pensions in accordance with both cost-of-living and standard-of-living adjustments. In July 2000 it made a cost-of-living adjustment mandatory for pensions even if no such adjustment is made to salaries, but no provision is made for standard-of-living adjustment to pensions. "It is simply untenable to argue that the [organisation] could, by following the practice of the coordinated organizations in previous years, bind itself to do so for all time [...] There can be no doubt that the same body that had the authority to adopt [the] decision [to follow the practice followed by the coordinated organizations] had equally the authority to decide to withdraw it."

Keywords

competence; decision quashed; organisation's duties; practice; coordinated organisations; amendment to the rules; no provision; period; salary; adjustment; cost-of-living increase; pension; pension adjustment system; executive body

Consideration 15

Extract:

From 1986 to 2000 the organisation followed the practice followed by the coordinated organizations in adjusting both salaries and pensions in accordance with both cost-of-living and standard-of-living adjustments. In July 2000 it made a cost-of-living adjustment mandatory for pensions even if no such adjustment is made to salaries, but no provision is made for standard-of-living adjustment to pensions. "It is to no avail that the complainants criticise the effectiveness of the change or the accuracy of the calculations on which it was based, for those are not matters within the Tribunal's competence."

Keywords

competence of tribunal; iloat; practice; coordinated organisations; amendment to the rules; no provision; reckoning; period; salary; adjustment; cost-of-living increase; pension; pension adjustment system

Consideration 16

Extract:

"To accept that pensions must always be adjusted to keep in line with post-retirement salary increases would be to expose pension funds to an uncertain and unmeasurable future liability which might well in the end wipe out the funds themselves."

Keywords

subsequent fact; salary; adjustment; separation from service; retirement; special hazard; pension; unjspf; pension adjustment system; acceptance; discontinuance; increase