X v Secretary-General of the OEEC (Decision No 22)

• Jurisdiction: European Union
• Court: Appeals Board (Organization for European Economic Cooperation)
• Date: 01 August 1955

Appeals Board of the Organization for European Economic Co-operation.

Decision No. 22.

International organization — Officials — Termination of contract — Measure of damages.

The Facts.—On June 7, 1955, the Appeals Board annulled an administrative decision terminating the claimant's contract.2 On June 17, 1955, the Secretary-General informed the Chairman of the Board that he had decided, for practical reasons, to exercise the right conferred on him by Staff Rule 72 (b) (ii)3 and to maintain the termination of Mrs. X.'s contract. He therefore asked the Board to assess damages.

Held: that damages must be fixed at an amount equivalent to one and a half years of the claimant's emoluments.

The Board said: “During the oral arguments, Mrs. X. assessed the damage caused to her by the termination of her contract, at six years' salary. On the other hand, the Administration's representative submitted that contracts of indeterminate duration may be

terminated by the Secretary-General without paying compensation when it appears to the Secretary-General that the interests of the Organization so require. The Board must consequently fix the amount of compensation, and, in order to do...