Judgment No. 1462

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 06.07.1995
• Original: Français
• Judges: Douglas, Razafindralambo, Pescatore
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINTS AND THE APPLICATION TO INTERVENE ARE DISMISSED.

Consideration 4

Extract:

Vide Judgment 398, considerations 1 and 2.

Reference(s)

Organization rules reference: ARTICLE 92 OF THE STAFF REGULATIONS GOVERNING OFFICIALS OF THE EUROCONTROL AGENCY
Jugement(s) TAOIT: 398

Keywords

complaint; implied decision; failure to answer claim; receivability of the complaint; internal remedies exhausted; time bar; case law; staff regulations and rules; request by a party

Consideration 7

Extract:

Another official has applied to intervene in the complaints. "Since the complaints [...] are irreceivable so is her application to intervene in them."

Keywords

complaint; intervention; receivability of the complaint; consequence

Consideration 9

Extract:

The intervener offers no factual evidence to show that her duties entitled her to the allowance. She merely says that she is in the same position as two of the complainants. "She neither shows nor even seeks to show that she is in the same position in fact and in law as others who are claiming the allowance in complaints to the Tribunal. So her application is [...] irreceivable."

Keywords

identical claims; identical facts; intervention; receivability of the complaint; same purpose; condition