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Judgment No. 2985

Decision

1. The decisions of the Director General of Eurocontrol determining pensionable years which have been impugned by the complainant, and those dismissing his internal complaints, are set aside.
2. The case shall be referred back to the Agency in order that the pensionable years in question be determined by the method prescribed in consideration 27.
3. The interveners shall likewise enjoy the rights established in respect of the complainant by this judgment.
4. The Agency shall pay the complainant costs in the amount of 4,000 euros.
5. All other claims are dismissed.

Consideration 15

Extract:

"As the Tribunal stated in Judgment 2459, under 9, an administrative authority, when dealing with a claim, must generally base itself on the provisions in force at the time it takes its decision and not on those in force at the time the claim was submitted. Only where this approach is clearly excluded by the new provisions, or where it would result in a breach of the requirements of the principles of good faith, the non-retroactivity of administrative decisions and the protection of acquired rights, will the above rule not apply."

Reference(s)

ILOAT Judgment(s): 2459

Keywords

complaint allowed; complaint allowed in part; decision; exception; applicable law; general principle; acquired right; good faith; non-retroactivity; organisation's duties; breach; provision; date; request by a party

Consideration 20

Extract:

"[T]he duty of care which an international organisation owes to its officials obviously does not mean that, as a matter of principle, it should abstain from making them subject to rules which are unfavourable to them."

Keywords

complaint allowed; complaint allowed in part; international civil servant; applicable law; general principle; organisation's duties; written rule

Consideration 28

Extract:

"The interveners [...] are [...] in a similar legal situation to that of the complainant. They must therefore be granted the benefit of the rights recognised by this judgment."

Keywords

complaint allowed; complaint allowed in part; complainant; intervention; judgment of the tribunal; consequence; right; same

Consideration 29

Extract:

"The complainant has requested that the order to Eurocontrol to recalculate the pensionable years credited to him be accompanied by a penalty for default. In the absence of any grounds for doubting that the Agency will execute this judgment in good faith and with diligence, as is its duty since it has recognised the Tribunal's jurisdiction, there is no reason to order such a penalty."

Keywords

claim; complaint allowed; complaint allowed in part; judgment of the tribunal; execution of judgment; lack of evidence; good faith; organisation's duties; declaration of recognition; consequence; refusal; request by a party



 
Last updated: 03.09.2014 ^ top