Judgment No. 378

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 18.06.1979
• Original: French
• Judges: Letourneur, Grisel, Devlin
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Summary

Extract:

According to the applicable provisions, the Director-General is entitled to abolish posts, with due respect for given criteria. The Director-General had to abolish posts and did not disregard the material criteria. The organisation was under no duty to take extraordinary temporary measures; the provisions in force in other organisations are not relevant. The dismissal was therefore valid.

Keywords

organisation's duties; abolition of post; termination of employment; discretion

Considerations

Extract:

"Nor may the complainant rely on any provisions which he alleges apply in other organisations."

Keywords

applicable law; rule of another organisation; abolition of post

Preamble; second paragraph

Extract:

The complainant died in an accident after filing suit. His family wished to pursue the proceedings and not withdraw suit.

Keywords

complainant; successor; case pending; death; consequence; ratione personae