Judgment No. 1461
1. THE DIRECTOR GENERAL'S DECISIONS OF 13 JULY 1994 ARE SET ASIDE.
2. EUROCONTROL SHALL PAY THE TYPIST'S ALLOWANCE TO MISS CHANT AS FROM 10 NOVEMBER 1993AND TO MISS BORRELLO AS FROM 16 NOVEMBER 1993, TOGETHER WITH INTEREST AT THE RATE OF 10 PER CENT A YEAR ON THE AMOUNTS DUE.
3. IT SHALL PAY EACH OF THEM 1,000 SWISS FRANCS IN COSTS.
"Since the two complaints raise the same issues of fact and law and seek the same redress, they are therefore joined to form the subject of a single judgment."
complaint; joinder; identical claims; identical facts; same purpose
Eurocontrol has laid down a new requirement for the grant of an allowance. The Tribunal considers that "the Agency fails to show that it imposed this further requirement in the past and that it therefore forms part of the practice affirmed in the judgment. By rejecting the complainants' claims on such grounds, Eurocontrol is in breach of the rule by which it is bound through its acknowledged practice of granting the allowance".
evidence; lack of evidence; patere legem; practice
The complainants impugn decisions refusing them an allowance. The Tribunal considers that "since the decisions are set aside the complainants are also entitled to payment of the interest on arrears that they claim. Interest on arrears is due by virtue of the principle of equal treatment [...]. The principle lays on the organisation the duty to pay such interest so as to restore parity between someone who got [an] allowance at the due date and someone who got it later."
interest on damages; equal treatment; allowance; date