Judgment No. 4734
Decision
The complaint is dismissed.
Summary
The complainant challenges the rejection of her appeal against the «administrative decisions» contained in Office Instruction No. 20/2021 in connection with the payment of a language allowance.
Judgment keywords
Keywords
general decision; summary procedure; complaint dismissed
Considerations 4 & 5
Extract:
The Tribunal notes that Office Instruction No. 20/2021 is a general decision which applies to all staff members in the General Service category. It is well established in the Tribunal’s case law that a complainant cannot directly challenge a decision of that type unless it requires no implementing decision and immediately and adversely affects individual rights (see, for example, Judgments 4430, consideration 14, and 3761, consideration 14). As the Tribunal recalled in Judgment 3736, consideration 3, a general decision that requires individual implementation cannot be impugned and the lawfulness of that general decision may only be challenged in the context of a challenge to the individual decisions that are taken on its basis (see also Judgments 4572, consideration 3, 4278, consideration 2, 4119, consideration 4, 4008, consideration 3, 3628, consideration 4, and the case law cited therein).
[T]he new provisions contained in Office Instruction No. 20/2021 have no immediate effect on the complainant’s situation. The complainant will have the opportunity to challenge this general decision, if need be, in the context of a future challenge to the individual decisions that may be taken on its basis.
Reference(s)
Jugement(s) TAOIT: 3628, 3736, 3761, 4008, 4119, 4278, 4430, 4572
Keywords
general decision; individual decision
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