Judgment No. 1121

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 03.07.1991
• Original: French
• Judges: Ducoux, Carroll, Pescatore
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINTS AND THE APPLICATIONS TO INTERVENE ARE DISMISSED.

Consideration 6

Extract:

Eurocontrol did not apply a restraining measure to rises in the pay of certain officials. bBut the plea of breach of equal treatment fails because the exception was made to safeguard those officials' minimum livelihood.

Keywords

exception; equal treatment; salary; adjustment; reduction of salary

Dissenting opinion

Extract:

A dissenting opinion by Judge Pierre Pescatore is attached to the judgment.

Keywords

dissenting opinion

Summary

Extract:

The complainants seek the quashing of a 1.53 per cent "reduction" applied to their pay in pursuance of a decision which Eurocontrol's Permanent Commission took on 12 November 1987 to bring in a 5 per cent differential between pay in the European Communities and within the organisation. In Judgment 1012 the Tribunal confined itself to setting aside the decision to lower pay by 0.7 per cent before that date. So the complainants may not rely on res judicata in respect of that judgment. None of their other pleas having succeeded, in particular for the reasons set out in Judgments 1118 and 1123, the complaints are dismissed.

Reference(s)

ILOAT Judgment(s): 1012, 1118, 1123

Keywords

res judicata; salary; adjustment; reduction of salary