Judgment No. 963
Decision
1. THE IMPUGNED DECISIONS BY THE DIRECTOR GENERAL OF EUROCONTROL ARE SET ASIDE.
2. THE ORGANISATION SHALL REFUND THE COMPLAINANTS THE SUMS WRONGFULLY WITHHELD FROM THE AMOUNTS OF EDUCATION EXPENSES REFUNDED TO THEM FOR THE PERIOD BEFORE JULY 1987.
3. THE INTERVENERS SHALL HAVE THE SAME ENTITLEMENTS INSOFAR AS THEY ARE IN THE SAME POSITION IN LAW AS THE COMPLAINANTS.
4. THE ORGANISATION SHALL PAY EACH OF THE COMPLAINANTS 750 SWISS FRANCS IN COSTS.
Summary
Extract:
The complainants received notification in their pay slips of a 0.7 per cent reduction in the refundable amount of education expenses which they had incurred. The organisation contends that the pay slips merely confirmed earlier decisions, viz. a general decision of 7 July 1987. The Tribunal holds that the impugned decisions were individual ones that cause the complainants injury, and not confirmations of earlier decisions.
Keywords
decision; confirmatory decision; general decision; individual decision; receivability of the complaint; cause of action; salary; education expenses; deduction; payslip; refund; reduction of salary
Consideration 5
Extract:
"Any authority is bound by the rules it has itself issued until it amends or repeals them. The general principle is that rules govern only what is to happen henceforth, and it is binding on any authority since it affords the basis for relations between the parties in law. furthermore, a rule is enforceable only from the date on which it is brought to the notice of those it applies to."
Keywords
effective date; general principle; non-retroactivity; patere legem; staff regulations and rules; amendment to the rules; enforcement
Consideration 5
Extract:
"Since the impugned decisions retroactively reduce the refundable amount of education expenses, they are unlawful and cannot stand."
Keywords
amount; non-retroactivity; allowance; education expenses; refund; reduction of salary
Consideration 5
Extract:
The complainants challenge Eurocontrol's decision to reduce the amount of education expenses to be refunded to them insofar as it applied retroactively. Though the Director General's decisions are the only ones the Tribunal may quash and those under challenge did not have retroactive effect, "a staff member may challenge in an individual appeal the lawfulness of any decision of the [Permanent] Commission's that affords the basis in law for a decision by the appointing authority if he believes the latter decision to be at odds - as indeed here the decisions are - with a rule or principle that governs the international civil service."
Keywords
decision; international civil service principles; non-retroactivity; enforcement; salary; education expenses; refund; judicial review; executive head; legislative body; reduction of salary
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