Judgment No. 2259

• Organization: Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO PrepCom)
• Date: 16.07.2003
• Original: French
• Judges: Gentot, Hugessen, Gaudron
• Full judgment text - Full judgment text (french)

Decision

1. THE DECISIONS OF THE EXECUTIVE SECRETARY OF 4 JULY 2001 AND 8 JULY 2002 ARE SET ASIDE.
2. THE COMMISSION SHALL AWARD THE COMPLAINANT COMPENSATION EQUIVALENT TO THREE MONTHS' SALARY AND ALLOWANCES BASED ON HIS LAST SALARY.
3. IT SHALL ALSO AWARD HIM COMPENSATION IN THE AMOUNT OF 10,000 EUROS FOR MORAL INJURY.
4. THE COMMISSION SHALL PAY THE COMPLAINANT 2,000 EUROS IN COSTS.
5. HIS OTHER CLAIMS ARE DISMISSED.

Consideration 9

Extract:

Compliance with the rules of procedure is among the guarantees offered to international civil servants. There is nothing to suggest that the omission of a formality has no adverse effects on the situation of the staff members concerned. In the present case, a written proposal by the Director of the Administration Division would have been particularly necessary for consideration of the complainant's case. His plea based on the breach of Administrative Directive No. 20 (Rev.2) therefore succeeds.

Keywords

procedure before the tribunal; due process; organisation's duties; contract; separation from service; non-renewal of contract; effect; omission; safeguard