Judgment No. 2223

• Organization: European Molecular Biology Laboratory (EMBL)
• Date: 16.07.2003
• Original: French
• Judges: Gentot, Hugessen, Gaudron
• Full judgment text - Full judgment text (french)

Decision

1. THE DIRECTOR-GENERAL'S DECISION OF 3 JUNE 2002 IS SET ASIDE.
2. EMBL SHALL PAY THE COMPLAINANT COMPENSATION OF 10,000 EUROS.
3. IT SHALL PAY HER 2,000 EUROS IN COSTS.
4. ALL OTHER CLAIMS ARE DISMISSED.

Consideration 8

Extract:

"The fact that the Director-General [did not initiate] the appeal procedure invalidates the defendant's argument that internal remedies were not exhausted, although they should have been as required by article vii of the Tribunal's Statute. While it is regrettable that the case was never brought before the Joint Advisory Appeals Board, this does not prevent the Tribunal from ruling on the merits of the complaint, which has been filed within the applicable rules."

Reference(s)

ILOAT reference: ARTICLE VII OF THE STATUTE

Keywords

procedure before the tribunal; organisation; receivability of the complaint; formal requirements; internal appeals body; internal appeal; internal remedies exhausted; competence of tribunal; good faith; organisation's duties; iloat statute; staff member's duties; executive head; consequence; refusal