Judgment No. 1601
Decision
1. The Tribunal need not rule on the complaints.
2. Eurocontrol shall pay the complainants a total of 100,000 Belgian francs in costs.
Considerations 10-11
Extract:
"The Tribunal has already held - for example, in Judgment 1081 [...] under 4 - the mere fact that a decision affects a category of staff and is therefore a general one does preclude challenge. To quote Article VII(2) [of the Tribunal's Statute], which is about the time limits, a complainant may challenge 'a decision affecting a class of officials'. Yet not every complaint that challenges a general decision will be receivable. The complainant must comply with the requirement in Article VII(1) of the Tribunal's Statute that internal remedies be first exhausted. In keeping with that rule and with precedent - for example Judgment 1134 [...] under 4 - 'a complaint will be irreceivable if it challenges a general decision that must ordinarily be put into effect by individual decisions against which internal appeal will lie'."
Reference(s)
ILOAT reference: ARTICLE VII(1) AND (2) OF THE STATUTE
ILOAT Judgment(s): 1081, 1134
Keywords
complaint; general decision; individual decision; receivability of the complaint; internal remedies exhausted; competence of tribunal; case law; iloat statute
Consideration 17
Extract:
"Since the reversal of the disputed measures came only after the filing of the complaints and the complainants were therefore put to needless expense, their claim to costs succeeds. Eurocontrol's counterclaim to an award of costs against the complainants is dismissed."
Keywords
complaint; withdrawal of decision; costs; counterclaim; date
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