Judgment No. 3461
The complaints are dismissed.
The complaints are irreceivable and they are summarily dismissed.
cause of action; summary procedure; complaint dismissed
Considerations 5 and 6
"As the two complainants contest the validity of the same decision [...] on identical grounds, the Tribunal finds it appropriate to join their complaints.
The Tribunal finds that the complaints must be dismissed as irreceivable as neither of the complainants has a cause of action. The contested decision [...] does not affect the complainants, either as individual employees or as individual members of the GAC as it has not yet been implemented. The decision caused, at the time it was challenged, no change to their personal membership in and contributions to the GAC. Moreover, the Tribunal notes that the complainants cannot act as representatives of the GAC as a whole in impugning this decision, as the GAC itself was involved in the decision-making process and gave its advice based on the majority opinion of its members. According to the Tribunal’s case law established in Judgment 3291, under 7, “[the complainant] could not be considered to have a cause of action as he did not represent the GAC as a whole. That is because the GAC was consulted and submitted its opinion, which shows that the majority did not agree that the documents submitted were insufficient.” To allow an individual GAC member to file a complaint on behalf of the GAC as a whole, when she/he disagrees with a decision taken by the Administrative Council following consultation with the GAC, would be contrary to the “majority rule” that the GAC has adopted in relation to the opinions it provides and to the Tribunal’s case law on locus standi, according to which a decision may be impugned only by persons who are directly adversely affected by it."
ILOAT Judgment(s): 3291
cause of action