Judgment No. 936
1. THE DECISIONS DETERMINING THE COMPLAINANTS' PAY IN ACCORDANCE WITH THE ADMINISTRATIVE COUNCIL'S DECISION ARE SET ASIDE.
2. THE CASES ARE SENT BACK TO THE EPO FOR EXECUTION OF THIS JUDGMENT.
3. THE EPO SHALL PAY EACH OF THE COMPLAINANTS 2,000 DEUTSCHMARKS IN COSTS.
"The conclusion is that the Council's approval of the new scales is null and void for two reasons: because no reasons for it are stated, and because it takes into account a factor, the Dutch levy, that the rules in force in the organisation do not provide for."
decision; duty to substantiate decision; grounds; written rule; staff regulations and rules; amendment to the rules; breach; provision; salary; deduction; scale; executive body; reduction of salary
"The decisions determining the complainants' pay are [...] void because they rest on an invalid general decision of the Council's."
decision; general decision; individual decision; judicial review; executive body; flaw; consequence
"Article 64(6) of the Service Regulations reads: 'The remuneration of the permanent employees shall be subject to periodic review and shall be adjusted by the Administrative Council taking account of the recommendations of the Co-ordinating Committee of government budget experts of the co-ordinated organisations'. Though the definition puts the EPO under no specific obligation it does reflect an intention of not letting EPO pay get out of line with the broad trend in national civil services, and that is the rule of thumb followed by the Co-ordinating Committee."
Organization rules reference: ARTICLE 64(6) OF THE EPO SERVICE REGULATIONS
coordinated organisations; staff regulations and rules; interpretation; provision; salary; adjustment