Judgment No. 1655
1. The Organisation, which shall bear the adverse consequences of the belated convening of the Invalidity Committee, shall pay the complainant 390,000 Belgian francs.
2. It shall pay her 25,000 Belgian francs in costs.
3. Her other claims are dismissed.
The Agency submits that the complainant's appeal "was out of time because [he] filed it after the expiry of the time limit of three months in Article 92(2) of the Staff Regulations. [...] The plea fails. The [Agency] acted on the appeal [...] by convening the Invalidity Committee and the Joint Committee for Disputes and by taking [a] final decision. [...] The attitude it thereby adopted towards the appeal estops it from now objecting to the receivability of the complaint. The complaint is therefore receivable."
Organization rules reference: ARTICLE 92(2) OF EUROCONTROL STAFF REGULATIONS
complaint; receivability of the complaint; internal appeals body; internal appeal; internal remedies exhausted; time limit; exception; time bar