Judgment No. 2216

• Organization: European Southern Observatory (ESO)
• Date: 16.07.2003
• Original: English
• Judges: Gentot, Hugessen, Gaudron
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Considerations 8-9

Extract:

Article VI 1.01 of ESO's International Staff Rules reads as follows: " 'Every member of the personnel shall have the right to appeal against any decision of the Director General concerning himself.' Thus, a person who is not a "member of the personnel" has no right to launch an internal appeal and his or her only recourse is directly to the Tribunal."

Reference(s)

Organization rules reference: ARTICLE VI 1.01 OF ESO'S INTERNATIONAL STAFF RULES

Keywords

procedure before the tribunal; decision; status of complainant; cause of action; direct appeal to tribunal; internal appeal; right of appeal; general principle; staff regulations and rules; provision; executive head; consequence; right; official