Judgment No. 1911

• Organization: European Southern Observatory (ESO)
• Date: 03.02.2000
• Original: French
• Judges: Ba, Gentot, Egli
• Full judgment text - Full judgment text (french)

Decision

1. THE DECISION OF 19 AUGUST 1998 IS SET ASIDE.
2. THE OBSERVATORY SHALL PAY THE COMPLAINANT 50,000 GERMAN MARKS IN COMPENSATION FOR INJURY UNDER ALL HEADS.
3. THE OBSERVATORY SHALL PAY THE COMPLAINANT 20,000 FRENCH FRANCS IN COSTS.

Considerations 6-7

Extract:

"It is a general principle of the international civil service that there must be a valid reason for any decision not to renew a fixed-term contract and that the reason must be given to the staff member [...]. An official whose fixed-term contract is reaching expiry must be informed in a timely manner of the real reasons for the decision not to renew it [...]. In this case a mere reference to a letter sent to the complainant nearly two years previously cannot, in the absence of any other indication as to the real reasons for the decision to be taken, exempt the observatory from stating the grounds clearly."

Keywords

decision; duty to substantiate decision; grounds; general principle; international civil service principles; organisation's duties; duty to inform; contract; fixed-term; separation from service; non-renewal of contract; date