Judgment No. 3128

• Organization: Agency for International Trade Information and Cooperation (AITIC)
• Date: 04.07.2012
• Original: Anglais
• Judges: Gaudron, Barbagallo, Hansen
• Full judgment text (anglais) - Texte intégral du jugement

Decision

1. The decision of the Executive Board communicated to the complainant on 29 January 2010 is set aside.
2. AITIC shall remove the performance evaluation report finalised on 14 December 2006 from the complainant's permanent record.
3. It shall pay the complainant material damages in the amount of 25,000 Swiss francs, and moral damages in the amount of 5,000 francs.
4. It shall also pay him costs in the amount of 8,000 francs.
5. All other claims are dismissed.

Consideration 11

Extract:

"The complainant is [...] entitled to moral damages in the amount of 5,000 [Swiss] francs for the failure of the Executive Board to provide reasons for its decision to reject his appeal."

Keywords

duty to substantiate decision; grounds; moral injury; internal appeal; breach; executive body; compensation; refusal

Judgment keywords

Keywords

complaint allowed; decision quashed; performance evaluation