Judgment No. 2682
1. The four decisions of the Executive Director of the IOOC dated 15 September 2006 are set aside.
2. The case is sent back to the organisation for it to take a new decision, in compliance with the requirements regarding consultation, in order to set the retirement age of the permanent members of its Executive Secretariat.
3. The organisation shall pay Mrs Fouquat and Mr Torre Martínez compensation for the moral injury suffered in the amount of 3,000 euros for each of them.
4. It shall pay each of the four complainants 1,000 euros in costs.
5. The four complaints are otherwise dismissed.
"[A]ccording to the case law as established in Judgment 61, clarified in Judgment 832 and confirmed in Judgment 986, an acquired right is breached only when [...] an amendment adversely affects the balance of contractual obligations by altering fundamental terms of employment in consideration of which the official accepted an appointment, or which subsequently induced him or her to stay on. In order to determine whether there has been a breach of acquired rights, it is therefore necessary to ascertain whether the altered terms of employment are fundamental and essential within the meaning of Judgment 832."
ILOAT Judgment(s): 61, 832, 986
acquired right; law of contract; amendment to the rules; breach; terms of appointment; contract; condition
"While the terms of a contract and some decisions will in principle give rise to acquired rights, this is not necessarily true in all circumstances of provisions of staff regulations and rules."
acquired right; staff regulations and rules; terms of appointment; contract; condition
"As the Tribunal has already indicated in [...] Judgment 832, when weighing up the consequences of a breach of an acquired right, the financial situation of the organisation applying the terms of appointment in question cannot be discounted."
ILOAT Judgment(s): 832
acquired right; breach; budgetary reasons; organisation's interest; condition; consequence