Judgment No. 3373
Decision
1. The decisions taken by the Director General of Eurocontrol on 20 June 2011 and 9 May 2012 are set aside.
2. Eurocontrol shall pay the complainant an indemnity with interest, as stated in consideration 11 of the judgment.
3. The five interveners whose applications are allowed shall enjoy the rights established by this judgment in favour of the complainant, as stated in consideration 13.
4. Eurocontrol shall pay the complainant 4,000 euros in costs.
5. All other claims are dismissed, as is the sixth application to intervene.
Summary
The Tribunal stated that the Organisation, after having outsourced a part of the complainant's duties, breached its duty of care because it failed to ensure that the implementation of the arrangement did not place the complainant in financial difficulties.
Judgment keywords
Keywords
complaint allowed; decision quashed; outsourcing
Consideration 4
Extract:
"It must [...] be recalled that an administrative decision can be challenged from the moment of its adoption, even if it takes effect on a later date."
Keywords
start of time limit
Consideration 7
Extract:
"The evidence on file shows that the outsourcing of some of the complainant’s duties resulted in a sharp drop in his level of remuneration. He had a legitimate expectation that his remuneration would remain stable."
Keywords
salary; outsourcing
Consideration 8
Extract:
"According to the consistent case law of the Tribunal, an international organisation “necessarily has power to restructure some or all of its departments or units, including by the abolition of posts […] and the redeployment of staff” (see Judgment 2510, under 10). The concept of redeployment must be understood as including not only the assignment of staff to different posts, but also requiring them to accept a new or different method of organising continuous service. It follows that a particular model of organising a service, such as the one previously in force in this case, cannot constitute an acquired right."
Reference(s)
ILOAT Judgment(s): 2510
Keywords
acquired right; reorganisation; redeployment
Consideration 9
Extract:
"[G]iven that the new arrangements had a direct financial impact on the complainant, [the organisation] had to ensure, in accordance with the duty of care owed to its staff, that the implementation of the arrangements did not place the complainant in financial difficulty."
Keywords
duty of care
| 
