Judgment No. 1081
Decision
THE COMPLAINTS ARE DISMISSED.
Consideration 4
Extract:
The fact "that the measure under challenge affects several groups of staff and is therefore general in purport [...] does not in itself make the complaints irreceivable: decisions do not need to be individual to be challengeable before the Tribunal. As Article VII(2) of the Tribunal's Statute makes plain, a general decision too is challengeable. That article sets the time limit for filing a complaint against 'a decision affecting a class of officials', in other words a general decision. Yet that does not mean that a complaint challenging any sort of general decision will necessarily be receivable: there is also the rule in VII(1) that the internal means of redress must have been exhausted."
Reference(s)
ILOAT reference: ARTICLE VII(1) AND (2) OF THE STATUTE
Keywords
general decision; individual decision; receivability of the complaint; internal remedies exhausted; competence of tribunal; time limit; iloat statute; condition; date
Consideration 4
Extract:
The complainants want to have the revised weighings with retroactive force from 1 January 1981 taken into account for determination of the "Eurocontrol reduction" imposed on their salaries. The impugned decision does not "put figures on the entitlements of each of the complainants it applies to. [...] In the circumstances the complainants may not now challenge the validity of the general decision they are objecting to. Before they come to the Tribunal they must be able to cite individual decisions."
Keywords
general decision; individual decision; receivability of the complaint; reckoning; salary; adjustment; cost-of-living weighting; reduction of salary
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