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TITLE VII – APPEALS

The Appeals procedure described in Article 92 of the STAFF REGULATIONS governing officials of the EUROCONTROL Agency is the basis for making a complaint about the working conditions at EUROCONTROL. FFPE EUROCONTROL can support you during this process.

Effectiveness of the process is poor. Since 2020 no single appeal has been released from the DG’s office with a Decision. When the process fails, there is an option to appeal to the International Labour Organisation Tribunal.

Article 92

1. Any person to whom these Staff Regulations apply may submit to the Director General a request that he takes a decision relating to him. The Director General shall notify the person concerned of his reasoned decision within four months from the date on which the request was made. If at the end of that period no reply to the request has been received, this shall be deemed to constitute an implied decision rejecting it, against which a complaint may be lodged in accordance with the following paragraph.

2. Any person to whom these Staff Regulations apply may submit to the Director General a complaint against an act adversely affecting him, either where the Director General has taken a decision or where he has failed to adopt a measure prescribed by the Staff Regulations. The complaint must be lodged within three months. The period shall start to run:

  • on the date of publication of the act if it is a measure of a general nature;
  • on the date of notification of the decision to the person concerned, but in no case later than the date on which the latter received such notification, if the measure affects a specified person; if, however, an act affecting a specified person also contains a complaint against another person, the period shall start to run in respect of that other person on the date on which he receives notification thereof but in no case later than the date of publication;
  • on the date of expiry of the period prescribed for reply where the complaint concerns an implied decision rejecting a request as provided in paragraph 1.

The Director General shall notify the person concerned of his reasoned decision within four months from the date on which the complaint was lodged. If at the end of that period no reply to the complaint has been received, this shall be deemed to constitute an implied decision rejecting it, against which an appeal may be lodged under Article 93.

3. The request or complaint by an official shall be submitted through his immediate superior, except where it concerns that person, in which case it may be submitted direct to the authority next above.

Article 93

1. Any dispute between the Agency and one of the persons referred to in the present Staff Regulations involving non-observance, in substance or in form, of the provisions of the present Staff Regulations, shall be referred to the Administrative Tribunal of the International Labour Organisation, in the absence of a competent national jurisdiction.

2. An appeal to the Tribunal shall lie only if:

  • the Director General has previously had a complaint submitted to him pursuant to Article 92(2) within the period prescribed therein, and
  • the complaint has been rejected by express or by implied decision.

3. Appeals under paragraph 2 shall be filed within three months. The period shall begin:

  • on the date of notification of the decision taken in response to the complaint;
  • on the date of expiry of the period prescribed for the reply, where the appeal concerns an implied decision rejecting a complaint submitted pursuant to Article 92(2); nevertheless, where a complaint is rejected by express decision, after being rejected by implied decision, but before the period for lodging an appeal has expired, the period for lodging a complaint shall start to run afresh.

4. By way of derogation from paragraph 2, the person concerned may, after submitting a complaint to the Director General pursuant to Article 92(2) immediately file an appeal with the Tribunal, provided that such appeal is accompanied by an application either for a stay of execution of the contested act or for the adoption of interim measures. The proceedings in the principal action before the Tribunal shall then be suspended until such time as an express or implied decision rejecting the complaint is taken.

5. Appeals shall be investigated and heard as provided in the Rules of Procedure of the Tribunal.