Judgment No. 4274

• Organization: European Organization for Nuclear Research (CERN)
• Date: 24.07.2020
• Original: French
• Judges: Frydman, Diakité, Kreins
• Full judgment text - Full judgment text (french)

Decision

The complaint and the applications to intervene are dismissed.

Summary

The complainant challenges his classification at grade 5 in the new career structure established following the 2015 five-yearly review.

Judgment keywords

Keywords

reclassification; complaint dismissed

Consideration 21

Extract:

The Tribunal has consistently held that the principle of equal treatment requires, on the one hand, that officials in identical or similar situations be subject to the same rules and, on the other, that officials in dissimilar situations be governed by different rules defined so as to take account of this dissimilarity (see, for example, Judgments 1990, under 7, 2194 under 6(a), 2313, under 5, 3029, under 14, 3787, under 3, and 3900, under 12).
[...]
However, suffice it to observe that the complainant is not in an identical or similar situation to that of staff members in the former career paths Fc and G. The different rule applied to him is appropriate in view of that dissimilarity.

Reference(s)

ILOAT Judgment(s): 1990, 2194, 2313, 3029, 3787, 3900

Keywords

equal treatment