Judgment No. 1334
Decision
1. THE IMPUGNED DECISIONS AND THE ARRANGEMENTS REFERRED TO IN CONSIDERATION 31 ARE SET ASIDE, WITH THE CONSEQUENCES SET OUT IN CONSIDERATION 32.
2. THE AGENCY SHALL PAY THE COMPLAINANTS A TOTAL OF 20,000 FRENCH FRANCS IN COSTS.
3. THE INTERVENERS SHALL HAVE THE SAME RIGHTS AS THE COMPLAINANTS INSOFAR AS THEY ARE IN THE SAME POSITION IN LAW AND IN FACT.
Consideration 22
Extract:
"The purpose of the case law [on acquired rights] is to safeguard the substance of the staff's pay and pensions in the event of amendments to the material rules. The supplementary benefits were intended to afford compensation for constraints that at the time were not part of the complainant's ordinary duties." There was no breach of acquired rights.
Keywords
case law; acquired right; staff regulations and rules; amendment to the rules; compensatory allowance; base salary; pension; discontinuance
Consideration 23
Extract:
"Only benefits that have some basis in law may be protected under the doctrine of acquired rights."
Keywords
acquired right; condition; safeguard
Consideration 24
Extract:
"As for the Flemming principle, it offers [...] a guide for setting general levels of pay for local staff: it offers no basis for claims about any particular component of such pay."
Keywords
flemming principle; salary; allowance; local status
Consideration 27
Extract:
"The Tribunal must make it plain that it will not interfere in the Agency's exercise of its discretion to determine the sort of additional duties or constraints that earn special compensation over and above the payment of salary for the performance of normal duties. Nor, if the Agency believes special compensation to be warranted, will the Tribunal, save in obviously anomalous cases, rule on the form such compensation should take or the arrangements for granting it."
Keywords
proportionality; salary; compensatory allowance; judicial review; discretion; limits
Consideration 29
Extract:
"The Tribunal does not require of the Agency the sort of strict attention to form that might bring its work to a standstill, but will require scrupulous observance of forms and procedures that protect staff interests in any administration that is lawfully managed and subject to proper review."
Keywords
general principle; due process; organisation's duties; staff member's interest; purport
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