Judgment No. 1814

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 28.01.1999
• Original: French
• Judges: Gentot, Hugessen, Carroll
• Full judgment text - Full judgment text (french)

Decision

1. The Director General's decision of 30 October 1997 is set aside.
2. The case is sent back to Eurocontrol for a new decision on the complainant's claims.
3. Eurocontrol shall pay him 35,000 Belgian francs in costs.
4. His other claims are dismissed.

Considerations 7-8

Extract:

The Joint Committee for disputes dealt with the "complaint" by correspondence. The Tribunal considers that the texts provide "that the Committee shall meet', and it meets only if all the full members, or in their absence the alternate members, are present'. On that score alone there was breach of due process and the impugned decision cannot stand."

Keywords

internal appeals body; internal appeal; report; due process; interpretation; procedural flaw; condition

Consideration 9

Extract:

"Though the Director General does have discretion [as to who may be considered as a dependent child], the staff member must be made aware of any criteria he is applying." (See Judgment 1204.)

Reference(s)

ILOAT Judgment(s): 1204

Keywords

organisation's duties; duty to inform; family allowance; dependant; dependent child; parent; discretion; executive head; limits; criteria