Judgment No. 2793

• Organization: European Organization for Nuclear Research (CERN)
• Date: 04.02.2009
• Original: French
• Judges: Ba, Rouiller, Frydman
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Judgment keywords

Keywords

pension adjustment system; complaint dismissed

Consideration 20

Extract:

The principle deriving from the above-mentioned case law [Judgments 1265, 1419 and 1821] that the methodology adopted by an international organisation to determine its staff members’ salary adjustments must result in stable, foreseeable and clearly understood results also applies to retirement pensions. The latter must be seen as deferred pay, and in accordance with the principle established by the Tribunal in Judgment 986 that pensions are subject to the same basic rules as pay, a method establishing the terms of adjusting the pensions paid to the retirees of an organisation is to be considered as being governed by the same requirements.

Reference(s)

ILOAT Judgment(s): 986, 1265, 1419, 1821

Keywords

pension adjustment system

Consideration 21

Extract:

Apart from his claim for the quashing of the impugned decision, which must therefore be dismissed, the complainant asks the Tribunal to order the amendment of sub-paragraph d) of Annex C to the Rules of the Pension Fund. Quite apart from the fact that this claim is equally unfounded, it is at all events irreceivable because the Tribunal has no jurisdiction to make such orders (see for example Judgments 1963 and 2244).

Reference(s)

ILOAT Judgment(s): 1963, 2244

Keywords

competence of tribunal; relief claimed

Consideration 13

Extract:

The Tribunal’s case law certainly allows any complainant incidentally to challenge the lawfulness of a general decision forming the legal basis of the individual decision which he or she is seeking to have quashed (see Judgments 1000, 1451, 2129 and 2410, or indeed [...] Judgments 2615 and 2655), and the lawfulness of this general decision may be challenged on the grounds that it was taken pursuant to another decision which was itself unlawful (see for a similar case Judgment 1265, under 22).

Reference(s)

ILOAT Judgment(s): 1000, 1265, 1451, 2129, 2410, 2615, 2655

Keywords

general decision; exception