Judgment No. 902
THE COMPLAINTS ARE DISMISSED.
The Permanent Commission of the Organisation took a decision bringing in a 5 per cent differential between pensions in Eurocontrol and pensions in the European Community. "Since the Commission is not the appointing authority its decisions are not subject to appeal".
complaint; decision; receivability of the complaint; competence of tribunal; pension; pension entitlements; decision-maker; legislative body; condition; reduction of salary
"The only kind of decision against which appeal will lie to the Tribunal [is] one taken by the appointing authority, and whether it is individual or general, express or implied, does not matter."
complaint; decision; express decision; general decision; implied decision; individual decision; receivability of the complaint; condition
"If a staff member [...] lodges an appeal under the Staff Regulations he may thereby also challenge the lawfulness of any decision of the Permanent Commission's that affords the legal basis for the individual decision by the appointing authority if he alleges breach of the rules and principles of the international civil service that are binding on the organisation. As the Tribunal says in Judgment 899 [...], under 19, an organisation may not cite its own decision-making procedures to avoid compliance with the rules in dealings with staff."
Jugement(s) TAOIT: 899
general decision; competence of tribunal; international civil service principles; organisation's duties; enforcement; legislative body