Judgment No. 3926

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 24.01.2018
• Original: French
• Judges: Frydman, Diakité, Kreins
• Full judgment text - Full judgment text (french)

Decision

The complaint and the applications to intervene are dismissed.

Summary

The complainant, who was recruited on 15 May 2000 as a student air traffic controller, challenges the application of provisions adopted after his recruitment.

Judgment keywords

Keywords

confirmatory decision; internal remedies exhausted; time bar; complaint dismissed

Consideration 3

Extract:

Article VII, paragraph 1, of the Statute of the Tribunal provides that a complaint is not receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of redress as are open to her or him under the applicable staff regulations. In accordance with the Tribunal’s case law, to satisfy this requirement the complainant must not only follow the prescribed internal procedure for appeal but must follow it properly and in particular observe any time limit that may be set for the purpose of that procedure (see, in particular, Judgments 3296, under 10, and 3870, under 1).

Reference(s)

ILOAT reference: Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 3296, 3870

Keywords

internal remedies exhausted; time limit

Consideration 6

Extract:

Since the complaint is dismissed, the applications to intervene must also be dismissed.

Keywords

intervention