X v Secretary-General of the OEEC (Decision No 2)

• Jurisdiction: European Union
• Date: 25 April 1950
• Court: Appeals Board (Organization for European Economic Cooperation)

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

Decision No. 2.

International organization — Officials — Termination of contract — Discretionary powers — Administrative Tribunals — Limit of power of review.

The Facts.—Mr. X.'s contract had been terminated, following the abolition of several posts in his Department. He appealed against his termination, arguing that his professional abilities were greater than those of certain officials from the same Department whose contracts had not been terminated. He also maintained that two out of the three posts for Assistants in the Department had been transformed into posts for Auxiliaries, and that he, as a former Assistant, should have been offered a post as an Auxiliary.

Held: that the appeal must be rejected. The decision was valid. The Appeals Board had no power to assess the merits of different officials.

The Board said: “Mr. X.'s claim is receivable from a procedural point of view, the time-limits fixed by the transitional provisions of Articles 2 (b) and 9 having been observed, and the security having been duly deposited.

“It emerges from the inquiry conducted by the Board that it was decided to terminate the claimant's contract as a result of the abolition of posts in the Department to which he was attached.

“Mr. X. submits that his professional qualifications should have led to his being retained in one of the posts which were not abolished in that...