Judgment No. 2095

• Organization: Surveillance Authority of the European Free Trade Association (ESA)
• Date: 30.01.2002
• Original: Français
• Judges: Ba, Gentot, Egli
• Full judgment text (anglais) - Texte intégral du jugement

Decision

1. THE DECISIONS REJECTING THE COMPLAINANTS' APPEALS OF 2 FEBRUARY 2000 ARE SET ASIDE.
2. THE CASE IS SENT BACK TO THE AUTHORITY, WHICH SHALL REVIEW THEIR REMUNERATION SINCE 1 JANUARY 1999, IN ACCORDANCE WITH CONSIDERATION 14.
3. THE AUTHORITY SHALL PAY THE COMPLAINANTS A TOTAL AMOUNT OF 6,000 EUROS IN COSTS.

Consideration 8

Extract:

The complainants challenge a decision taken by the Committee of Representatives of the Member States concerning salary adjustments. The organisation submits that the complaints are irreceivable since it is not the author of that decision. "The complainants are paid by [the organisation] and so may challenge any individual decisions that affect their terms of employment, particularly salary, regardless of who has authority over such decisions."

Keywords

complaint; decision; individual decision; receivability of the complaint; competence; right of appeal; terms of appointment; salary; adjustment; decision-maker; executive body; official

Consideration 13

Extract:

"The determination of salary scales is discretionary [and] must be exercised within a framework of rules drawn from both the relevant statutory provisions and the general principles of clarity, stability and foreseeability defined in the case law (see, for example, Judgment 1821)."

Reference(s)

Jugement(s) TAOIT: 1821

Keywords

organisation; iloat; case law; general principle; written rule; staff regulations and rules; salary; scale; discretion; limits; definition