X v Secretary-General of the OEEC (Decision No 30)

• Jurisdiction: European Union
• Date: 13 May 1959
• Court: Appeals Board (Organization for European Economic Cooperation)

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

Decision No. 30.

International organization — Officials — Termination of contract — Obligation to find new work for redundant officials — Discretionary powers — Détournement de pouvoir.

The Facts.—Staff Rule 8 (b) provided that holders of contracts of indeterminate duration “may only be terminated if the posts to which they are assigned are abolished, and if they are deemed to be unsuitable for another position …” On November 28, 1958, the Secretary-General terminated Miss X.'s contract of indeterminate duration, as from April 1, 1959. On January 28, 1959, Miss X. lodged an appeal against this decision, claiming annulment of the decision or, alternatively, three years' salary by way of damages.

Held: that the appeal must be allowed. The position held by Miss X. had been abolished. It was for the Administration to decide whether officials were suitable for particular posts. However, as Miss X.'s candidature for vacant posts had been turned down for reasons unconnected with her professional abilities, the decision of termination must be annulled.

The Board said: “Miss X. has duly deposited the security provided for by Rule 66 (d) of the Organization's Staff Rules.

“Miss X. started working for O.E.E.C. on November 23, 1948, and from 1955 onwards was put in charge of the so-called ‘Editorial’ Bureau in the Conference Division. At the beginning of 1957 the Administration, acting on recommendations made in an Experts' report on the organization of the Secretariat-General, planned the abolition of the Bureau, which was later carried out. As Miss X. had not been provided with another position the Secretary-General ordered the termination of her contract on November 28, 1958.

“In support of her request for the annulment of this decision, the claimant, who held a contract of indeterminate duration, invokes the provisions of Rule 8 (b) of the Rules in Application of the Staff Regulations. According to these provisions the holders of contracts of indeterminate duration ‘may only be terminated if the posts to which they are assigned are abolished, and if they are deemed to be unsuitable for another post, corresponding to the same grade, which is vacant or occupied by an official holding a contract of indefinite duration’. She submits that it would not have been impossible for the Administration to grant her a new position, corresponding to her well-recognized abilities. For its part, the...