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Judgment No. 2986

Decision

1. The disputed decisions of the Director General of Eurocontrol determining the number of pensionable years credited to the complainants referred to in consideration 42, above, and those dismissing these persons' internal complaints are set aside.
2. These complainants' cases shall be referred back to the Agency in order that the pensionable years in question be determined in accordance with the terms and conditions indicated in that consideration.
3. The interveners referred to in consideration 44, subject to the reservation made therein with regard to three of them, shall enjoy the rights which this judgment confers on the complainants referred to in points 1 and 2, above.
4. The Agency shall pay these complainants costs in the overall amount of 8,000 euros.
5. All other claims presented by these complainants are dismissed.
6. The complaints of the other complainants and the applications to intervene referred to in consideration 45, above, are dismissed.


Consideration 26

Extract:

"While the terms of a contract and some decisions will in principle give rise to acquired rights, this is not necessarily true of [the] provisions [of the Staff Regulations and Rules]."

Keywords

complaint allowed; complaint allowed in part; decision; general principle; acquired right; staff regulations and rules; provision; contract; consequence; difference; effect



 
Dernière mise à jour: 04.10.2011 ^ haut