Judgment No. 3123

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 04.07.2012
• Original: French
• Judges: Ba, Rouiller, Frydman
• Full judgment text - Full judgment text (french)

Decision

1. The impugned decision is set aside.
2. The Organization shall reinstate the complainant in his former grade and step, as stated under 15.
3. It shall pay him the sums representing the difference between the salary he would have received if he had not been downgraded and the salary he has received until the date of his reinstatement in his former grade and step, together with interest at 5 per cent per annum.
4. It shall pay him compensation of 1,000 euros for the moral injury suffered.
5. It shall also pay him 1,000 euros in costs.
6. All other claims are dismissed.

Consideration 10

Extract:

"[A]n international organisation is bound by the rules which it has itself laid down, as long as it has not modified or repealed them (see Judgment 1896, under 5(d)), and this principle is especially relevant in disciplinary matters."

Reference(s)

ILOAT Judgment(s): 1896

Keywords

general principle; organisation's duties; patere legem; written rule; amendment to the rules; disciplinary measure; disciplinary procedure

Judgment keywords

Keywords

complaint allowed; decision quashed; downgrading; reinstatement