Judgment No. 1814
1. The Director General's decision of 30 October 1997 is set aside.
2. The case is sent back to Eurocontrol for a new decision on the complainant's claims.
3. Eurocontrol shall pay him 35,000 Belgian francs in costs.
4. His other claims are dismissed.
The Joint Committee for disputes dealt with the "complaint" by correspondence. The Tribunal considers that the texts provide "that the Committee shall meet', and it meets only if all the full members, or in their absence the alternate members, are present'. On that score alone there was breach of due process and the impugned decision cannot stand."
internal appeals body; internal appeal; report; due process; interpretation; procedural flaw; condition
"Though the Director General does have discretion [as to who may be considered as a dependent child], the staff member must be made aware of any criteria he is applying." (See Judgment 1204.)
Jugement(s) TAOIT: 1204
organisation's duties; duty to inform; family allowance; dependant; dependent child; parent; discretion; executive head; limits; criteria