Judgment No. 1012
1. THE PAY SLIPS ISSUED BY EUROCONTROL BEFORE THE PERMANENT COMMISSION'S DECISION OF 12 NOVEMBER 1987 TOOK EFFECT ARE SET ASIDE INSOFAR AS THEY REDUCE STAFF PAY BY 0.7 PER CENT.
2. THE ORGANISATION SHALL REFUND THE SUMS WITHHELD AND PAY INTEREST THEREON AT THE RATE OF 10 PER CENT A YEAR AS FROM THE DATE OF WITHHOLDING.
3. THE SAME RULING SHALL APPLY TO THE INTERVENERS, WHOSE APPLICATIONS ARE RECEIVABLE.
4. THE ORGANISATION SHALL PAY TOWARDS COSTS AS SET OUT IN CONSIDERATION 9.
5. THE COMPLAINANTS' OTHER CLAIMS ARE DISMISSED.
"In line with the principles the Tribunal affirmed in Judgments 624 and 902 the complainants may challenge the Director General's decisions to apply the general measures to them and may thereby also challenge the lawfulness of the commission's decisions. [...] The defendant's objections to receivability fail insofar as they relate to the pay slips the complainants received in July, August and September 1987" and which informed them of reductions made to their salary.
Jugement(s) TAOIT: 624, 902
general decision; individual decision; receivability of the complaint; competence of tribunal; pay slip
On 7 July 1987 Eurocontrol's Permanent Commission decided provisionally to reduce pay by 0.7 per cent with effect from 1 July 1986. The Commission's decision was not confirmed until 12 November 1987. The complainants are challenging the pay slips they got for July, August and September 1987 which indicated a reduction in pay backdated to 1 July 1986. The Tribunal holds that the pay slips, which were issued before the commission's decision entered into force, have no basis in law and must be set aside insofar as they cause the complainants injury.
decision; effective date; non-retroactivity; salary; legislative body; reduction of salary
The decision to reduce pay at Eurocontrol was confirmed on 12 November 1987. "Though the pay slips [giving effect to the reduction] are plainly unlawful because the Commission's decision still had to come into effect, they apply only to the period they cover and cannot be treated as giving effect to a decision that had not yet become final. Not a single complainant has challenged an individual decision subsequent to 12 November 1987. The Tribunal is therefore bound, regrettably, to declare the claims irreceivable insofar as they object to future reductions in pay."
effective date; general decision; individual decision; receivability of the complaint; enforcement; salary; pay slip; application for quashing; reduction of salary