Judgment No. 3180

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 06.02.2013
• Original: French
• Judges: Ba, Barbagallo, Frydman
• Full judgment text - Full judgment text (french)

Decision

1. The impugned decision is set aside.
2. The Agency shall pay the complainant interest for late payment at the rate of 8 per cent per annum on the amount of back pay which she received, for the period from 7 May 2009 to the date of the effective payment of that back pay.
3. It shall also pay her costs in the amount of 2,000 euros.

Summary

The complainant claims interest for the late payment of the back pay resulting from a salary adjustment.

Consideration 9

Extract:

"[T]he fact that the amount of money claimed may be derisory does not prevent the claim from being receivable. [I]f the [Organisation] was of the opinion that the amount at stake in this dispute was derisory, it ought to have tried to put an end to it by reaching an amicable settlement."

Keywords

claim; receivability of the complaint; settlement out of court; amount

Consideration 13

Extract:

"[T]he complainant is [...] entitled to claim interest for the late payment of the back pay resulting from [...] a [salary] adjustment."

Keywords

claim; delay; amount; interest on damages; salary; adjustment; payment

Judgment keywords

Keywords

complaint allowed; decision quashed; interest on damages; salary; adjustment; delay in payment

Consideration 12

Extract:

[A] salary adjustment forms an integral part of a salary and that a salary, plus increments, is due on precise dates at the end of every month.

Keywords

salary; adjustment