Judgment No. 902

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 30.06.1988
• Original: Français
• Judges: Ducoux, Carroll, Pescatore
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINTS ARE DISMISSED.

Consideration 25

Extract:

The Permanent Commission of the Organisation took a decision bringing in a 5 per cent differential between pensions in Eurocontrol and pensions in the European Community. "Since the Commission is not the appointing authority its decisions are not subject to appeal".

Keywords

complaint; decision; receivability of the complaint; competence of tribunal; pension; pension entitlements; decision-maker; legislative body; condition; reduction of salary

Consideration 24

Extract:

"The only kind of decision against which appeal will lie to the Tribunal [is] one taken by the appointing authority, and whether it is individual or general, express or implied, does not matter."

Keywords

complaint; decision; express decision; general decision; implied decision; individual decision; receivability of the complaint; condition

Consideration 27

Extract:

"If a staff member [...] lodges an appeal under the Staff Regulations he may thereby also challenge the lawfulness of any decision of the Permanent Commission's that affords the legal basis for the individual decision by the appointing authority if he alleges breach of the rules and principles of the international civil service that are binding on the organisation. As the Tribunal says in Judgment 899 [...], under 19, an organisation may not cite its own decision-making procedures to avoid compliance with the rules in dealings with staff."

Reference(s)

Jugement(s) TAOIT: 899

Keywords

general decision; competence of tribunal; international civil service principles; organisation's duties; enforcement; legislative body