Judgment No. 872

• Organization: European Southern Observatory (ESO)
• Date: 10.12.1987
• Original: English
• Judges: Ducoux, Carroll, Gros Espiell
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 5

Extract:

"A decision by a national court cannot be binding on the Tribunal, which is the body of final instance competent to interpret the Staff Rules as an issue of law."

Keywords

competence of tribunal; last instance; judgment of the tribunal; iloat; municipal court; staff regulations and rules; interpretation; consequence

Considerations 9-10

Extract:

By virtue of Article LS VI 1.08 of the ESO Staff Regulations and Staff Rules "the Director General may appoint a committee which includes local staff members to advise him on specific cases of disputes and appeals." "The power thus given to the Director General is discretionary. He decided in this case that it was not necessary to appoint a committee to advise him; no reasons have been advanced why his decision should be overruled and it therefore stands unchallenged."

Reference(s)

Organization rules reference: ARTICLE LS VI 1.08 OF THE ESO STAFF REGULATIONS AND STAFF RULES

Keywords

procedure before the tribunal; internal appeals body; advisory body; internal appeal; organisation's duties; consultation; discretion