Administrative Tribunal

The Administrative Tribunal shall repeal any decision against which there has been an appeal if the decision is contrary to the Staff Regulations, Rules or Instructions or to the claimant’s terms of appointment or vested rights, and if the claimant’s personal interests are affected.

Since its inception, the Administrative Tribunal has rendered decisions in several cases covering a very large span of aspects related to the service conditions of the Agency’s officials. The decisions can be accessed below in chronological order, along with Regulation 40 and 41 extracted from the Staff Regulations.

The Administrative Tribunal consists of six eminent jurists of different nationalities appointed for six years by the ESA Council on the basis of ESA Member States’ proposals. The members of the Administrative Tribunal are neither members of staff of the Agency nor of a delegation of an ESA Member State. They are independent and shall not seek or accept instructions from anyone whatsoever.

The ESA Council appoints two staff members to serve as Registrar and Deputy Registrar of the Administrative Tribunal, responsible for matters of current administration of the Administrative Tribunal and for all communications, in accordance with Article 40.1 of the Staff Regulations.

Addressing the Administrative Tribunal and Process

The appeal may be submitted [1] in the form of a written petition addressed to the Registrar or a verbal petition before the Registrar, giving the subject matter of the dispute and a summary of the grounds on which the petition is based. Where appropriate, the claimant should also attach the decision which is challenged, together with, if applicable, the opinion of the Advisory Board.

Serving staff members, former staff members and persons entitled under them who wish to challenge a decision of the Agency first need to obtain the opinion of an Advisory Board, unless the decision that is being challenged has been taken by the Agency following a medical opinion or an assessment on invalidity. In these latter cases, the claimant may file a complaint with the Administrative Tribunal directly (Staff Rule 22.1/4, Staff Rule 22.1/14) within three months of the notification of the decision. The time limit for the submission of an appeal is three months from the notification of the decision by the appointing authority taken following the intervention of the Advisory Board. In the absence of a decision, the time limit is six months from receipt of the claimant's request by the competent authority.

This petition and supporting documents are communicated by the Registrar to the Chair of the Administrative Tribunal and to the Director General who has 30 working days to make his comments thereafter. These comments shall be conveyed to the claimant, who shall have 30 working days in which to present a written reply.

When no further comments are provided, the written process will be closed and a hearing organised. However, on request of one party and with the agreement of the other party, the Administrative Tribunal may decide that no hearing will be held.

A minimum of three members, designated by the Chair, including the Chair or Vice-chair, must be present for the examination of a given case. Both parties shall be present or represented. The claimant may arrange to be represented or assisted by an advocate or counsel, who may be another member of staff.

The Administrative Tribunal may undertake all enquiries which it deems necessary, and may in particular request the parties to produce all documents and supply all information that it considers desirable for the proceedings. Unless the Administrative Tribunal ex officio or at the request of one of the parties, for valid reasons, decides otherwise, the proceedings shall be public. Before a decision is made, both parties are afforded the opportunity to make a final submission, either orally or in writing.

The decisions are made by simple majority and are final and binding on both parties. The deliberations shall be and shall remain secret. The proceedings before the Administrative Tribunal are free of charge. The Rules of Procedure are laid out in detail in Regulation 41 of the Staff Regulations.

[1] Within three months of the notification of decision by the Agency or in the absence of a decision, the time limit shall be six months from receipt of the claimant’s request by the Agency.

The Registrar and Deputy Registrar

Registrar: Ms Virginie Schmit (+33647973028)

Deputy Registrar: Ms Loretta Elisabeth Wurzel (+31715655892)

Registry: Administrative.Tribunal.Registrar@esa.int

The Judges

Michael Groepper (Germany) – mandate until 19.11.2029 – Chair

Spyridon Flogaitis (Greece) – mandate until 19.11.2029 – Vice-chair

Sarah Helen Christie (United Kingdom & South Africa) – mandate until 19.11.2029

Fabien Raynaud (France) – mandate until 19.11.2029

Rosa Perna (Italy) – mandate until 15.06.2027

François Paychère (Switzerland) – mandate until 19.11.2029

Cases and Decisions