Judgment No. 2183

• Organization: European Organization for Nuclear Research (CERN)
• Date: 03.02.2003
• Original: French
• Judges: Ba, Gentot, Egli
• Full judgment text - Full judgment text (french)

Decision

1. CERN SHALL PAY THE COMPLAINANT AN AMOUNT EQUAL TO THE NET REMUNERATION TO WHICH SHE WOULD HAVE BEEN ENTITLED HAD SHE REMAINED IN HER FUNCTIONS UNTIL 30 SEPTEMBER 2001.
2. IT SHALL PAY HER 2,000 SWISS FRANCS IN COSTS.
3. THE COMPLAINANT'S OTHER CLAIMS ARE REJECTED.

Consideration 15

Extract:

"International organisations must take responsibility for decisions of their employees, even if they subsequently condemn those decisions."

Keywords

decision; liability; organisation's duties; official

Consideration 19

Extract:

"The principle of the confidentiality of private messages stored in a professional e-mail account must be observed [...] In the event that access to an e-mail account becomes necessary for reasons of urgency or because of the prolonged absence of the account holder, it must be possible for organisations to open the account using appropriate technical safeguards. That state of necessity, justifying access to data which may be confidential, must be assessed with the utmost care."

Keywords

organisation; general principle; force majeure; organisation's duties; leave; discretion; safeguard; official