Judgment No. 1419
1. THE DECISIONS REFUSING BY IMPLICATION TO PAY THE COMPLAINANTS IN FULL THE ADJUSTMENT MADE IN ACCORDANCE WITH THE PROCEDURE OF THE CO-ORDINATED ORGANISATIONS ARE SET ASIDE.
2. THE CASE IS SENT BACK TO THE OBSERVATORY SO THAT IT MAYGRANT THE COMPLAINANTS AND THE INTERVENERS AS FROM 1 JULY 1992 THE BENEFITS OF THE QUASHING OF THOSE DECISIONS.
3. THE ESO SHALL PAY THE COMPLAINANTS A TOTAL SUM OF 25,000 FRENCH FRANCS IN COSTS.
"It is inadmissible for the Observatory in its surrejoinder - to which it knows the complainants do not have the opportunity of answering - to raise a new objection to receivability on the strength of facts it was aware of at the time of filing. The plea is the less acceptable for being at odds with the ESO's reply."
complaint; organisation; receivability of the complaint; new plea; reply; surrejoinder
"Where the Tribunal sets a decision aside the defendant organisation is bound to take any action required to give full effect to the wording and reasoning of the judgment. When the dispute is about financial liability the Tribunal may in the full exercise of its competence either state the amount of which the defendant is liable, if a sufficiently exact figure can be put on it, or else, where execution calls for further calculation or the play of discretion, send the case back to the organisation so that it may act on the rulings in the judgment."
res judicata; judgment of the tribunal; execution of judgment; organisation's duties; discretion; compensation; consequence; effect
"The second sentence of [Article VIII of the Tribunal's Statute] does no more than allow an alternative, to which the Tribunal may resort as it deems fit, in the particular case where there is difficulty over discharging some non-financial obligation. The reference in the article to the possibility of awarding 'compensation for the injury caused' does not preclude the Tribunal's determining, in exercise of the competence conferred by the first sentence, the financial consequences of an organisation's failure to abide by its staff regulations or to discharge its contractual obligations."
ILOAT reference: ARTICLE VIII OF THE STATUTE
injury; organisation's duties; iloat statute; staff regulations and rules; allowance; judicial review; compensation
"Contrary to what its constant use of the term 'pay policy' seeks to suggest, [the ESO's] taking the procedure of the co-ordinated organisations as its point of reference plainly incorporated into its internal rules legal criteria that it would otherwise have had to put in binding provisions of the staff rules."
rule of another organisation; salary; binding character; effect
Since 1982 the ESO has aligned its salary policy with that of the European co-ordinated organisations. "The ESO might no doubt change the reference mark or the arrangements provided that it abided by the procedures and forms prescribed for the purpose in its own rules and regulations. But so long as the present arrangements hold good, its staff are entitled to the safeguards of objectivity and stability they afford. The ESO may not remove such safeguards because of prevailing circumstances or a mere wish to do so."
acquired right; organisation's duties; security of tenure; staff member's interest; patere legem; rule of another organisation; staff regulations and rules