Judgment No. 1618
The complaints are dismissed.
The complainants, who are permanent officials, object to a change in the Service Regulations which applies to officials under fixed-term appointments. "For the same reasons as those stated in Judgment 1451 the present complaints are receivable. What is at issue is not a general decision setting out the arrangements governing pay or other conditions of service. Such arrangements take the form of individual implementing decisions that each employee may eventually challenge [...]. What is at issue here is the adoption of rules on the employment of contract staff that may have indirect effects on the status of permanent employees as to their pay - if they have to bear a heavier financial burden - or as to their indirect involvement in the framing of EPO policy" as members of advisory bodies.
ILOAT Judgment(s): 1451
general decision; individual decision; receivability of the complaint; competence of tribunal; exception; case law; staff regulations and rules; contract; duration of appointment; fixed-term; permanent appointment
The purpose of the rule in Article 38 of the Service Regulations is such that "the need for further consultation would be understandable if the proposals had been so radically amended as to be really new ones."
Organization rules reference: ARTICLE 38 OF EPO SERVICE REGULATIONS
advisory body; staff regulations and rules; interpretation; consultation; purpose