Judgment No. 2027
1. THE IMPUGNED DECISION IS SET ASIDE.
2. THE AGENCY SHALL PAY THE COMPLAINANT THE SUM OF 2,000 EUROS TO INCLUDE ALL INTEREST AT THE DATE OF THE DELIVERY OF THE JUDGMENT.
3. IT SHALL PAY HIM 2,000 EUROS IN COSTS.
4. ALL OTHER CLAIMS ARE DISMISSED.
"Eurocontrol contends that the complaint is irreceivable because the "decision" to transfer him was not a real decision coming from an appointing authority, thus, he fails to show injury and has no cause of action. The objections to receivability fail. Even a simple measure on a matter of internal reorganisation such as transfer may sometimes impair the staff member's rights and legitimate interests (see Judgment 1078 [...] among others)."
Jugement(s) TAOIT: 1078
complaint allowed in part; decision; grounds; injury; lack of injury; receivability of the complaint; cause of action; burden of proof; staff member's interest; transfer; reassignment; reorganisation; executive head; right
"A quantitative difference in duties rather than a difference in their nature or intrinsic importance is not a decisive criterion on which to base a difference in grade between two officials who perform exactly the same duties."
complaint allowed in part; international civil servant; post classification; grade; post description; post; criteria; difference; same