Judgment No. 2678

• Organization: International Criminal Court (ICC)
• Date: 06.02.2008
• Original: English
• Judges: Ba, Gaudron, Barbagallo
• Full judgment text - Full judgment text (french)

Decision

1. The decision of 5 September 2006 is set aside.
2. The ICC shall pay the complainant 7,500 euros as material damages.
3. It shall also pay him 2,000 euros in moral damages and 500 euros in costs.
4. The complaint is otherwise dismissed.

Consideration 17

Extract:

"Although the impugned decision must be set aside, it does not follow, as claimed by the complainant, that he is entitled to material damages on the basis that his contract should have been renewed [...]. A fixed-term contract carries no right to renewal. Moreover, there is no basis for assuming that a proper evaluation and review of the complainant's performance [...] would have resulted in any extension of his contract. However, he lost a valuable opportunity to have the question of renewal considered on the basis of a proper review of his performance [...]. The loss of that opportunity warrants an award of material damages in the amount of 7,500 euros."

Keywords

decision; injury; legitimate expectation; contract; extension of contract; fixed-term; compensation; condition; material damages