Judgment No. 1660
The complaints and the applications to intervene are dismissed.
"The circumstances of the case are peculiar, the Association having failed to provide the internal means of redress that it ought. So it is hard to see any merit in the Association's objection to the complainants' appealing straight to the Tribunal."
complaint; receivability of the complaint; internal appeals body; direct appeal to tribunal; internal appeal; internal remedies exhausted; exception; organisation's duties
"The Association's third objection is that the complainants are challenging the adoption of rules and in any event cannot impute any present injury thereto. According to precedent an international civil servant may in exceptional circumstances challenge the lawfulness of a rule that has been applied to him. The notification to the complainants of the changes in the system of reckoning and paying their retirement pensions constituted individual application of rules adopted by the member States of EFTA and set out in the contract with [a private insurance company]. Even though, as the defendant says, the complainants cannot yet show any injury, they do have a cause of action and may challenge, howsoever they wish, the lawfulness of the new pension rules."
complaint; general decision; individual decision; injury; lack of injury; receivability of the complaint; cause of action; competence of tribunal; case law; pension; executive body
Insofar as the seven Member States continued to be jointly responsible for the Staff Insurance Scheme (SIS) "the delegation of authority was quite proper. What is more, it was quite understandable since the seven countries still owed the serving and the retired staff joint responsibility for safeguarding their entitlements. That is how the three departing countries were associated in the decisions of the future of the SIS. Besides, the decisions were unanimous, and there can have been no procedural flaw in the mere attendance - which was highly desirable anyway - of representatives of the former Member States as well." The plea of incompetence must, therefore, be rejected.
competence; member state; decision-maker; delegated authority; executive body; procedural flaw
"According to Judgment 1330 [...] and other precedents, the right to appeal to an international administrative tribunal forms part of the essential safeguards that international civil servants must enjoy."
Jugement(s) TAOIT: 1330
competence of tribunal; right of appeal; iloat; case law; acquired right; terms of appointment; safeguard; official