Judgment No. 822

• Organization: European Molecular Biology Laboratory (EMBL)
• Date: 05.06.1987
• Original: French
• Judges: Ducoux, Grisel, Razafindralambo
• Full judgment text - Full judgment text (french)

Decision

1. THE DIRECTOR-GENERAL'S DECISION OF 17 SEPTEMBER 1986 IS SET ASIDE INSOFAR AS IT REFUSED THE COMPLAINANT'S CLAIM TO HAVE HIS TERMINATION AND REINSTALLATION GRANTS RECKONED BY THE FORMER STAFF REGULATIONS.
2. HE IS SENT BACK TO THE ORGANISATION FOR A REVISED RECKONING OF THE GRANTS.
3. HE SHALL BE PAID INTEREST AT THE RATE OF 7 PER CENT A YEAR ON THE SUMS WRONGFULLY WITHHELD FROM HIM FROM 31 MARCH 1986 UP TO THE DATE OF PAYMENT.
4. HIS OTHER CLAIMS ARE DISMISSED.
5. HE IS AWARDED 8,000 DEUTSCHMARKS IN COSTS.

Consideration 3

Extract:

"The grants [the complainant] is claiming under [his new] contract are those which were payable on the cancellation of an indefinite contract under the rules in force 'on this day'. The Tribunal takes that expression to denote [...] the date on which the letter was signed, not [...] the date when the complainant left on the expiry of his contract."

Keywords

staff regulations and rules; amendment to the rules; enforcement; interpretation; provision; terminal entitlements; date