Judgment No. 2952

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 08.07.2010
• Original: Anglais
• Judges: Gaudron, Barbagallo, Hansen
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The complaint is dismissed as irreceivable.

Consideration 3

Extract:

"The complainant does not allege the non-observance of any of the terms of his appointment or of any of the Staff Regulations applicable to him. Nor does he claim that the Agency has infringed his rights as a member of the Staff Committee. [...] Further, he does not claim to have suffered any loss, damage or other injury, and does not point to any decision affecting him directly or which would have legal consequences for him individually. Thus, he has not established any cause of action [...] or raised any matter that may be the subject of a complaint to the Tribunal."

Reference(s)

Jugement(s) TAOIT: 1852

Keywords

general decision; lack of injury; receivability of the complaint; cause of action; staff representative

Consideration 4

Extract:

It should [...] be noted that the Tribunal’s powers are confined to granting relief with respect to obligations. The Tribunal has no power to order renegotiation of existing obligations or the creation of new obligations, that being implicit in the orders which the complainant seeks with respect to the Staff Committee and its representatives.

Keywords

competence of tribunal; injunction