Judgment No. 3730
Decision
1. Eurocontrol shall pay the complainant 15,000 euros in moral damages.
2. It shall also pay him 4,000 euros in costs.
3. All other claims are dismissed.
Summary
The complainant contends that Eurocontrol withdrew his title and duties as Head of Section.
Judgment keywords
Keywords
complaint allowed; promotion
Consideration 1
Extract:
The Tribunal notes that the delegation of power of signature of 1 February 2009 was not withdrawn by the new Director General. In an international organisation, such a delegation is institutional rather than personal. It hence continues to operate after the delegator has left office and until one of his or her successors decides to withdraw it.
Keywords
delegated authority
Consideration 6
Extract:
[T]he behaviour of the complainant’s superiors, whom he was entitled to presume had authority, maintained his belief that they would take the necessary steps to have him promoted to the generic post corresponding to the duties entrusted to him, or that he would be granted a differential allowance, which he claims for the first time in these proceedings.
As such a promotion procedure was not feasible under Article 5(3)(c) or Article 45a(1) of the Staff Regulations, the complainant was unduly kept in an illusory position for an excessively long time, which undeniably constituted a substantial affront to his dignity.
Keywords
moral injury; respect for dignity
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