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Judgment No. 2124

Decision

1. THE IMPUGNED DECISION IS SET ASIDE.
2. THE ESO SHALL PAY THE COMPLAINANT THE SUM OF 1,000 EUROS IN MORAL DAMAGES.
3. IT SHALL PAY HIM 500 EUROS IN COSTS.
4. ALL OTHER CLAIMS ARE DISMISSED.

Consideration 4

Extract:

"The need to give reasons in support of adverse administrative decisions arises [...] because the affected staff member must be given an opportunity of knowing and evaluating whether or not the decision should be timely contested. To allow the reasons to be given only after a complaint has been brought before the Tribunal would be to encourage the bringing of complaints for which it would ultimately be shown that there was no justification. Judgment 477 turned on a specific finding that the complainant in that case had 'suffered no prejudice whatever from the absence of a statement of the reasons for the impugned decision' since he had received copies of the documents which served as the basis for the decision prior to filing his complaint. The Tribunal's more recent case law [...] makes it clear that such line of argument is to be seen as a narrow exception to the general rule."

Reference(s)

Jugement(s) TAOIT: 477

Keywords

complaint; absence of final decision; duty to substantiate decision; complainant; cause of action; right of appeal; time limit; exception; judgment of the tribunal; iloat; case law; amendment to the rules; motivation; official



 
Dernière mise à jour: 18.08.2020 ^ haut