Judgment No. 24
Decision
THE TRIBUNAL ORDERS THE DECISION TAKEN TO BE RESCINDED AND DECLARES IN LAW THAT A LEGAL BASIS THEREFORE CANNOT BE FOUND IN THE STAFF REGULATIONS; ORDERS THE DEFENDANT TO PAY TO THE COMPLAINANT [FAILING REINSTATEMENT] AN AMOUNT EQUAL TO TWO YEARS' BASE SALARY, NAMELY 2,260,000 FRENCH FRANCS TOGETHER WITH INTEREST AT 4 PER CENT FROM 20 JUNE 1955, WITHOUT ANY SET OFF OF THE INDEMNITIES ACCORDED TO HER AT THE TIME OF TERMINATION OF HER APPOINTMENT.
Consideration (L)
Extract:
Vide Judgment 22, consideration (l).
Reference(s)
Jugement(s) TAOIT: 22
Keywords
member state; contract; fixed-term; non-renewal of contract; conduct; judicial review; official
Consideration (M)
Extract:
"It does not [...] appear that the complainant placed her own interests above the true interest of the organization".
Keywords
staff member's interest; staff member's duties; organisation's interest
Consideration (H)
Extract:
"In [...] establishing the entire freedom of conscience recognised to international officials in respect of both their philosophical convictions and their political opinions, the Regulations impose on them the duty to abstain from all acts capable of being interpreted as associating them with propaganda or militant proselytism in any sense whatever [...]. This abstention is rigorously imposed on them by the overriding interest of the international organisation to which they owe their loyalty and devotion."
Keywords
staff member's duties; duty of discretion; freedom of conscience; political activity; organisation's interest
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