Judgment No. 2139

• Organization: International Atomic Energy Agency (IAEA)
• Date: 15.07.2002
• Original: French
• Judges: Gentot, Hugessen, Romero
• Full judgment text - Full judgment text (french)

Decision

1. THE DECISION TAKEN BY THE DIRECTOR GENERAL OF THE IAEA ON 30 MARCH 2001 IS SET ASIDE.
2. THE COMPLAINANT SHALL BE REINSTATED IN HIS POST UNTIL 8 DECEMBER 2002 AND SHALL RECOVER THE RIGHTS HE WOULD HAVE ENJOYED SINCE THE DATE HIS APPOINTMENT ENDED.
3. THE IAEA SHALL PAY THE COMPLAINANT 2,000 EUROS IN MORAL DAMAGES.
4. IT SHALL PAY HIM 500 EUROS IN COSTS.

Consideration 6

Extract:

"The right of international officials to resort to all internal and jurisdictional remedies available to them without detriment to their career is an essential guarantee to which the Tribunal attaches the greatest importance."

Keywords

internal appeal; right of appeal; iloat; career; judicial review; consequence; right; safeguard; official

Consideration 7

Extract:

The Tribunal [...] sets aside the impugned decision and orders the Agency to restore the rights which the complainant would have enjoyed since the date his appointment came to an end, and to reinstate him in his post [...]. It grants him moral damages [...].

Keywords

moral injury; reinstatement