Legal case against correction coefficient 2010

06/12/2012 , No comments
As you know, 534 staff members working on the Ispra site lodged an appeal (ref. F-111/11) in October 2011 against the Correction Coefficient that came in force in 2010.
R&D Ispra has always been the leading force for this dossier.
The hearing took place at the Civil Service Tribunal in Luxemburg on 27 november 2012.

Our lawyers Maître Louis, Orlandi and Abreu Caldas attended the hearing. A member of R&D Ispra was also present.
Here are the main elements emerging from the hearing:
Our lawyers highlighted again the inconsistencies we identified in the fields of energy price and health costs, rent prices and inflation data. They reported the lack of transparence of Eurostat, despite our numerous requests among others during GTR meetings (Groupe Technique Rémunération is a discussion forum between DG HR – Eurostat and the OSP) specially dedicated to remuneration subjects. They also disputed the lack of right to an effective recourse arising from the impossibility to verify the calculation of Eurostat.
The lawyer of the Commission stressed the fact that it is necessary to prove the existence of an obvious error in the Eurostat calculation, and the order of magnitude of the error should be such that the Correction Coefficient value is affected. He claims that the burden of proof rests with the applicants. This is of course practically impossible as we have no access to the detailed data! Furthermore, he stated that the Administration has a wide discretionary power, that the Correction Coefficient aims to ensure a substantial equality of treatment between official of different locations, and that “it is not a domain where an exact science reigns” (sic), etc, etc…
The President of the Tribunal mainly heard the lawyers and asked a few questions to both parties. We can’t say that his questions aimed to strengthen our position.
The hearing lasted circa 1h 30’, without any indication about its outcome. The judgment will be pronounced within 3 to 6 months.
We can say that we did every effort to prove there are inconsistencies in the Correction Coefficient 2010, and it was absolutely no easy task considering the lack of information.
The outcome will really depend on the value given by the Judge Rapporteur to the elements we reported, and if he considers that Eurostat breached the rules by denying access to requested data.
We will organize a meeting on this subject between the lawyers and the Ispra staff in January.

No comments :

Post a Comment

Subscribe to: Post Comments ( Atom )