X v Secretary-General of the OEEC (Decision No 5)

• Jurisdiction: European Union
• Court: Appeals Board (Organization for European Economic Cooperation)
• Date: 26 April 1950

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

Decision No. 5.

International organization — Officials — Termination of contract — Termination during sick leave — Reappointment as auxiliary.

The Facts.—On November 22, 1949, Mrs. X. was informed that her contract would be terminated. She was later offered, and accepted, a new contract as Auxiliary (i.e., a temporary official). On February 17, 1950, she instituted proceedings, claiming: (i) annulment of the decision to terminate her contract, on the grounds that the decision was based on the abolition of her post, which had not in fact taken place, and that the decision had been taken while she had been on sick leave and was thus contrary to Staff Rules; and (ii) reclassification as an Assistant, instead of as an Auxiliary, with payment of the sums which would thereby become due, on the grounds that she...