Judgment No. 3850

• Organization: European Molecular Biology Laboratory (EMBL)
• Date: 28.06.2017
• Original: English
• Judges: Barbagallo, Hansen, Rawlins
• Full judgment text - Full judgment text (french)

Decision

1. The impugned decision is set aside.
2. The case is remitted to EMBL for the Director-General to take a new decision on the complainant’s internal appeal after consultation of the Joint Advisory Appeals Board.
3. EMBL shall pay the complainant moral damages in the amount of 2,000 euros.
4. EMBL shall pay the complainant costs in the amount of 3,500 euros.
5. All other claims are dismissed.

Summary

The complainant challenges the decision to amend his job title.

Judgment keywords

Keywords

complaint allowed; decision quashed; case sent back to organisation; title of post; consultation

Considerations 4-5

Extract:

Staff Rule 6 1.03 must be interpreted in the sense that, before taking any decision which is determinative of the appeal (and not an interim decision), the Director-General must consult the JAAB. This interpretation is in keeping with the purpose of the provision and is consistent with the French version of its text. It is also borne out by the wording of [...] Staff Regulation R 6 1.05.
As the Director-General did not consult the JAAB, the impugned decision will be set aside and the case will be remitted to EMBL for the Director-General to take a new decision on the complainant's appeal after consultation of the JAAB.

Keywords

case sent back to organisation