Judgment No. 2496

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 01.02.2006
• Original: French
• Judges: Gentot, Ba, Rouiller
• Full judgment text - Full judgment text (french)

Decision

1. The decision of 15 January 2004, confirmed on 22 July 2004, is set aside.
2. Eurocontrol shall restore the complainant's rights with regard to the step advancement to which he was entitled on 16 January 2004.
3. Eurocontrol shall pay the complainant 2,000 euros in costs.
4. All further claims are dismissed.

Consideration 7

Extract:

"A decision as serious as one imposing a disciplinary measure will be lawful only provided that the rights of the staff members concerned to a fully adversarial procedure have been scrupulously respected. Charges must be precisely worded and notified sufficiently early to enable the staff member concerned to defend his case, particularly by establishing evidence and gathering testimonies which he believes are likely to refute the charges in the eyes of the disciplinary body and of the deciding authority, according to the nature of the charges against him."

Keywords

decision; advisory body; time limit; date of notification; disclosure of evidence; testimony; adversarial proceedings; right to reply; organisation's duties; disciplinary measure; disciplinary procedure; executive head; condition; right; official