Judgment No. 1634

• Organization: European Molecular Biology Laboratory (EMBL)
• Date: 10.07.1997
• Original: English
• Judges: Fernando, Gentot, Douglas
• Full judgment text - Full judgment text (french)

Decision

1. The EMBL shall pay the complainant 35,000 German marks in damages.
2. It shall pay him 8,000 marks in costs.
3. His other claims are dismissed.

Consideration 17

Extract:

"If the Director-General had really intended to employ the complainant as a supernumerary he ought to have given him a contract which complied with the Staff Rules and Regulations. He did not. The contract was therefore not one for supernumerary employment even though that was the label it bore."

Keywords

organisation's duties; staff regulations and rules; contract; offer; intention of parties; flaw

Consideration 19

Extract:

"The Laboratory contends that the terms of the contract prevail over the Staff Rules and Regulations on the grounds that the latter are not 'given a superior rank over the provisions in the individual contract'. The Tribunal rejects the contention. Not only was the Director-General bound to abide by the Staff Rules and Regulations but the contract itself recognised that it was subject to the Staff Rules and Regulations."

Keywords

organisation's duties; precedence of rules; staff regulations and rules; contract