Judgment No. 2495

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 01.02.2006
• Original: Français
• Judges: Gentot, Ba, Rouiller
• Full judgment text (anglais) - Texte intégral du jugement

Decision

1. The decision to subject the complainant to a relegation in step and the decision rejecting his internal complaint are set aside.
2. The case is referred back to the Agency for it to reinitiate the disciplinary proceedings against the complainant, as indicated under 10 of this judgment.
3. The Agency shall pay the complainant 2,000 euros in costs.
4. All other claims are dismissed.

Consideration 7

Extract:

The decisions of 19 January and 16 July 2004 both expressly mention the fact that the Director of Human Resources was acting by delegation from the Director General. Such delegation, moreover, was based on two general decisions taken on 1 March 2000, which were duly published and classified in a compendium accessible to all the staff. There is no doubt that the subject matter of the individual decisions of 19 January and 16 July 2004 falls within the sphere of application of the general decisions of 1 March 2000.

Keywords

delegated authority