Judgment No. 2503
The complaint is dismissed.
"The evidence on file shows that the complainant was never an official of Eurocontrol, and the only contracts he has produced are temporary contracts signed with a temporary employment agency [which supplied him to the defendant] and governed by French law. According to Article II of its Statute, the Tribunal is competent to hear complaints alleging non-observance of the terms of appointment of officials or such provisions of the Staff Regulations as are applicable to their case. Since the complainant is not an official of Eurocontrol, and cannot produce any employment contract signed with the latter, it follows, as the Agency rightly contends, that the Tribunal does not have jurisdiction over this dispute."
ILOAT reference: Article II of the Statute of the ILOAT
locus standi; complainant; status of complainant; international civil servant; receivability of the complaint; competence of tribunal; domestic law; iloat statute; contract; successive contracts
The complainant was assigned to the Organisation by temporary employment agencies. "The fact that Eurocontrol relied on its immunity from jurisdiction and on the Tribunal's competence to hear disputes between the Agency and its staff in order to challenge the jurisdiction of the conseil de prud'hommes, cannot deprive it of its right to request that the Tribunal decline jurisdiction in accordance with its Statute."
receivability of the complaint; competence of tribunal; organisation's duties; municipal court; iloat statute; privileges and immunities; right