Judgment No. 1899

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 03.02.2000
• Original: French
• Judges: Ba, Gentot, Egli
• Full judgment text - Full judgment text (french)

Decision

1. THE IMPUGNED DECISION IS SET ASIDE.
2. EUROCONTROL SHALL PAY THE COMPLAINANT DAMAGES IN AN AMOUNT OF 3,000 EUROS PLUS INTEREST AT 8 PER CENT PER ANNUM AS FROM 1 JULY 1996.
3. EUROCONTROL SHALL PAY THE COMPLAINANT 2,000 EUROS IN COSTS.
4. ALL OTHER CLAIMS ARE DISMISSED.

Consideration 3

Extract:

"Disciplinary relations between an organisation and a staff member do not directly concern other members of staff or affect their position in law. Consequently, a decision regarding a disciplinary inquiry or a disciplinary measure relating to one staff member will not adversely affect other staff, so the latter will have no cause of action for challenging a disciplinary sanction or a refusal to impose one."

Keywords

cause of action; inquiry; disciplinary measure; disciplinary procedure; other; refusal; official; investigation; request to subject someone to disciplinary proceedings